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France: Justice Reforms Adopted

(Dec. 6, 2016) On October 12, 2016, the French Parliament adopted a law reforming various aspects of the French justice system. The President promulgated the law on November 18.  (Loi n° 2016-1547 du 18 novembre 2016 de modernisation de la justice du XXIe siècle (1) [Law No. 2016-1547 of 18 November 2016 to Modernize XXIst […]

Brazil: Too Many Appeals Slow Down the Judiciary, Says Federal Supreme Court President

(Nov. 29, 2016) On November 21, 2016, the President of the Brazilian Federal Supreme Court, Minister Cármen Lúcia, decried the excessive use of appeals in Brazil, which she said is a main reason for delays in concluding legal proceedings.  Her remarks were given during the launch of National Conciliation Week in the city of Belo Horizonte, located […]

UN: Call to Include Human Rights Provisions in Trade Agreements and Dispute Resolution

(Sept. 27, 2016) On September 13, 2016, the United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order, Alfred de Zayas, called for all future trade agreements to include provisions extolling the primary importance of human rights. He also said that the treaties should be aligned with the duty that states […]

Uruguay: Arbitration Panel Affirms Enforcement of Anti-Tobacco Legislation

(Aug. 26, 2016) On July 8, 2016, an International Centre for Settlement of Investment Disputes (ICSID) arbitration panel, meeting in Washington, D.C., decided an arbitration case filed by Philip Morris International (PMI) against the government of Uruguay in which PMI sought compensation for economic damages as a result of Uruguay’s enforcement of its anti-tobacco laws. (El Estado […]

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.), http://www.irishstatutebook.ie/2010/en/act/pub/0001/index.html (last visited May 18, 2010).) The new law incorporates both the 1958 New […]