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The Next 10 Year ECT Investment Arbitration: A Vision for the Future - from a European Law Perspective
by Jan Kleinheisterkamp
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"10 Years of Energy Charter Treaty Arbitration" and "Schedule I"
by Nils Eliasson
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A Discussion on the Use of Precedents in International Investment Arbitration and its Consequenses
by Justin D'Agostino, Iain Maxwell, Mike McClure and Deborah Wilkie
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SCC Practice: Separate Awards for Advance on Costs, 1 January 2007-31 December 2011, by Gretta Walters
Common trends in the application of Article 45(4) of the SCC Rules in SCC arbitrations have developed during the five years in which it has been possible to seek a separate award for reimbursement for Advance on Costs, concludes Gretta Walters in a new article. Walters has researched the applications made and found that tribunals granted requests for a separate award in 96 per cent of the cases and that the parties ultimately reported recovering money due to the award in 42 per cent of the cases.
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SCC Practice: Emergency Arbitrator. Decisions rendered 2010, by Johan Lundstedt
The new SCC Rules on an Emergency Arbitrator has attracted a lot of attention since they were introduced on 1 January 2010. The SCC has therefore decided to release abstracts of the four Emergency Arbitrator cases received during the rules’ first year into force. The abstracts are included in an article, written Johan Lundstedt, SCC Legal Counsel, and reveal many interesting details of the cases such as the nationalities of the parties, the interim measures requested and the reasoning of the Emergency Arbitrators.
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The New IBA Rules on the Taking of Evidence in International Arbitration - from a Cost-efficiency perspective, by Stefan Brocker
Proactive case management will ensure efficiency in international arbitration, argues Stefan Brocker, managing partner at Mannheimer Swartling, in an article on the new IBA Rules on the Taking of Evidence in International Arbitration. Brocker finds that the new rules by emphasing effectiveness can help reduce time and cost but can also be cost driving as they anticipate the use of witness statements and document procuction orders.
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Challenges to Arbitrators - Decisions by the SCC Board during 2008–2010, by Niklas Lindström
Where some challenges to arbitrators are well founded and justifiable, others may be presented mainly for tactical reasons, Niklas Lindström concludes in an article on challenges to arbitrators made under the SCC Rules during 2008-2010. The article covers applicable law and rules, SCC statistics and a presentation of the SCC cases where a decision on a challenge has been made.
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Arbitrators’ excess of mandate and procedural irregularities – A study based on challenged awards between 1999 and 2009
A recent examination of ten years of Swedish court practice shows that 10% of the challenge procedures resulted in the award being wholly or partially set aside. The most common ground for setting aside has been excess of mandate or procedural irregularity (Section 34 of the Swedish Arbitration Act.)
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Decision of the Svea Court of Appeal, Judgment rendered 25 September 2006 in case No. Ö 1952-05, “The Soyak case”
In SIAR 2008:3 you find two commentaries to the Soyak decision from the Swedish Supreme Court on whether the fee to arbitrators established by an arbitral institution can be appealed under the Swedish Arbitration Act. The commentaries are written by Patrik Schöldström, Appeal Court Justice, and Marie Öhrström, SCC Deputy Secretary General.
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SCC Practice: Challenges to Arbitrators SCC Board decisions 2005-2007
by Helena Jung
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