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Features

Our monthly features from staff and contributors provide analysis and commentary on topical issues relating to ADR.

The Trump Effect on Arbitration

From the outset of his presidential campaign, the arbitration community was wondering – or rather worrying – how a possible President Trump would affect arbitration. Harald Sippel FCIArb and Amanda Lee FCIArb explore the ‘Trump Effect'.
15 August 2017 | Features

Third-Party Funding in Arbitration - Questioning its Scope in India

With the recent advent of the Arbitration and Conciliation (Amendment) Act 2015 and the establishment of the MCIA, India has yet again exhibited pro-arbitration behaviour. Kumudini Chattopadhyay provides more detail.
15 August 2017 | Features

Dispute Resolution & Intellectual Property Rights

Intellectual property is a type of incorporeal property and potential disputes can relate to the title and infringement of that property.
31 July 2017 | Features

Hong Kong Apology Legislation – A Step Forward for ADR?

In June 2015, the Steering Committee on Mediation in Hong Kong issued a consultation paper on the enactment of apology legislation. On 13 July, the law was enacted, aiming to facilitate dispute resolution in Hong Kong.
31 July 2017 | Features

Eskosol SPA in Liquidazione v Italian Republic

This case report concerns a dispute arising between Eskosol SPA in liquidazione (Eskosol) and the Italian Republic (Italy) under the auspices of the ICSID Convention and the Energy Charter Treaty.
31 July 2017 | Features

Micula v Romania – Appeal Allowed

Following an ICSID Tribunal’s decision to award the Micula brothers substantial damages against Romania, the Micula brothers began enforcement proceedings and the award was registered ex parte in the High Court.
3 July 2017 | Features

'New Generation' BIT between Morocco and Nigeria

In December 2016 Morocco and Nigeria signed a new bilateral investment treaty (BIT) with the objective of promoting and protecting “co-operation between the Parties in order to facilitate and encourage mutual investment” (Article 2). This article will address the most relevant provisions put forward by this “new generation” BIT.
3 July 2017 | Features

Investment arbitration consideration in Post-Brexit UK

One year ago, the UK expressed its wish to withdraw from the EU in a referendum. Since no other EU Member State had left the EU before, the wish to withdraw the UK’s EU membership raised a series of uncertainties.
3 July 2017 | Features