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Features

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

Litigation or ADR – The Tide is Turning

"Civil action going to trial should be the exception rather than the norm". In light of changing attitudes, this article looks at the economic resolutions to disputes using ADR.
12 October 2017 | Features

Case report: Hui v Esposito Holdings

A case report on Hui v Esposito Holdings
4 October 2017 | Features

ECJ Required to Give an Opinion

At the beginning of September, the Belgian Deputy Prime Minister and Minister of Foreign Affairs submitted a request to the Court of the Justice of the European Union (CJEU) to consider the issue of compatibility of the Investment Court System (ICS) and European legislation.
4 October 2017 | Features

Fiji Adopts the UNCITRAL Model Law

In mid-September 2017, the Parliament of the Republic of Fiji enacted the International Arbitration Act 2017, which provides a legislative framework to support the conduct of international arbitration, based on the 1985 UNCITRAL Model Law, with its 2006 amendments.
4 October 2017 | Features

Case Report: Israel Sorin (IZZY) Shohat v Balram Chainrai

Mr Sohat, a businessman residing in Israel regularly introduced Mr Chainrai, a businessman residing in Hong Kong to business ventures in Israel. The initial dispute arose out of a business venture and in May 2011 the parties agreed to convert the legal proceedings initiated before the Israeli courts into arbitration.
31 August 2017 | Features

EU-Japan Partnership Agreement

At the 24th Summit between the EU and Japan held in Brussels on 6 July, leaders of both parties reached two agreements, an Economic Partnership Agreement (EPA) as well as a Strategic Partnership Agreement.
31 August 2017 | Features

Is mediation an option in investor-state disputes?

Investor-state mediation has traditionally received sceptical responses from the investment arbitration community. However, more recent developments show a growing interest in mediation, because of increased numbers of investor-state disputes, the high costs associated with investment arbitration or even as a preliminary step preceding arbitration.
31 August 2017 | Features

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