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Permanent Court of Arbitration/China/Philippines: Plan to Consider South China Sea Dispute

(Nov. 4, 2015) On October 29, 2015, the Permanent Court of Arbitration (PCA), located in The Hague, issued an Award on Jurisdiction and Admissibility to hear the dispute brought before it by the Philippines against China concerning rights over contested areas in the South China Sea. The central issue in the case, according to the […]

Brazil: New Mediation Law Approved by Federal Senate

(June 5, 2015) The Brazilian Federal Senate on June 2, 2015, approved a new law that regulates judicial and extrajudicial mediation. The main purpose of the new law is to reduce the number of cases brought before the judiciary by enabling parties to reach an agreement through mediation. (Mariana Jungmann, Projeto de Lei que Regulamenta […]

Brazil: New Arbitration Law Approved

(May 12, 2015) The Brazilian Federal Senate approved a proposal on May 5, 2015 (Projeto de Lei do Senado No. 406 de 2013, Senate website), that extends the use of arbitration as a means to resolve judicial conflicts. (Mariana Jungmann, Senado Aprova Nova Lei de Arbitragem, AGÊNCIA BRASIL (May 5, 2015).) The proposal was prepared […]

Bangladesh; India: Court Awards Control of Maritime Region

(July 15, 2014) On July 7, 2014, the Permanent Court of Arbitration, which is located in The Hague, issued its decision on the maritime dispute between Bangladesh and India. (Bay of Bengal Maritime Boundary Arbitration Between Bangladesh and India (Bangladesh v. India), Permanent Court of Arbitration website (last visited July 11, 2014).) The Court considered […]

Sweden: New, More User Friendly, Arbitration Act to Be Discusssed

(Feb. 14, 2014) On February 6, 2014, the Swedish Minister of Justice Beatrice Ask published an Op-Ed on the future of arbitration in Sweden. (Beatrice Ask, Sverige måste vässa reglerna om skiljeförfarande och effectivisera klanderprocessen i domstol [Sweden Needs to Sharpen Its Rules on Arbitration and Make Protest Actions Before the Courts More Efficient], DAGENS […]

Ireland: New Arbitration Act

(May 21, 2010) With the intention of modernizing its existing law and capitalizing on its great popularity with both business and recreational visitors, Ireland has enacted a new Arbitration Act that will go into force on June 8, 2010. (No.1/2010 (Ir.), (last visited May 18, 2010).) The new law incorporates both the 1958 New […]

Ecuador: Withdrawal from International Arbitration Agency

(Oct. 8, 2009) Ecuador has withdrawn from the International Center for the Settlement of Disputes (ICSID), the international arbitration agency of the World Bank, terminating its membership of 23 years. Executive Decree 1823 of July 2, 2009, was signed by President Rafael Correa to end the commitment of Ecuador to recognize the jurisdiction of the […]

Permanent Court of Arbitration; Sudan: Ruling on Long Disputed Abyei Region

(July 31, 2009) On July 22, 2009, the Permanent Court of Arbitration (PCA) in The Hague rendered its final award in the arbitration between the Government of Sudan (in the north, whose capital is Khartoum) and the Sudan People's Liberation Movement (of southern Sudan, whose headquarters is Juba) on the delimitation of the Abyei region […]

Israel: Arbitration Law Amended

(Dec. 30, 2008) On November 5, 2008, the Knesset (Israel's Parliament) passed an amendment to the Arbitration Law, 5768-1968. The Law now provides that parties to an arbitration agreement who agreed that the arbitrator should make a determination in accordance with the Law may further agree that a request for permission to appeal may be […]

India: A Foreign Arbitration Award May Be Challenged

(Mar. 2, 2008) The Supreme Court of India has ruled that a suit in an Indian court is maintainable against a foreign arbitration award if the award contravenes public policy and the statutory provisions. In its ruling, the bench observed that the provisions of the Arbitration and Conciliation Act, 1996, would apply to the international […]