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posted on Friday, May 06, 2011

This article discusses the desirability of arbitrators’ to preserve the flexibility that characterizes international arbitration, but a minimum set of widely accepted guidelines is equally desirable, in order to preserve the predictability and attractiveness of arbitration.

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posted on Thursday, May 05, 2011

This article, a CPR Writing Contest Winner, is about enforcing arbitration awards is using Saipem S.p.A. v. The People’s Republic of Bangladesh  (“Saipem v. Bangladesh”) as an example of the creation of a new tier of protection when foreign investors are affected by the actions of a host country’s judiciary system.

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posted on Thursday, May 05, 2011

“As so very often, the key lies in a proper balance: est modus in rebus. To ensure that international arbitration continues to be an effective method of resolving commercial disputes, all players must share responsibility in maintaining that balance.” 1
Anne Marie Whitesell

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posted on Wednesday, May 04, 2011

For purposes of this article, dispositive motions are motions that resemble the type of motions filed in US civil litigation and that a court would consider dispositive of a case, such as motions to dismiss for failure to state a claim, motions for summary judgment, motions or judgment on the pleadings, and motions for a directed verdict.

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