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Arbitration Procedure

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The LCIA’s 2018 Casework Report provides another interesting snapshot of LCIA arbitration in numbers, including improvements in a number of areas since its 2017 Casework Report. Caseload overview In 2018, a record 271 arbitrations were referred to the LCIA under the LCIA rules – an increase of over 16% on the 233 arbitrations referred under the LCIA rules in 2017. The LCIA’s caseload continued to be dominated by the Banking and Finance and Energy and…

A new generation of legal analysis tools is emerging. All of them rely on innovative use of data, and there is increasing use of machine learning to predict outcomes. Disputes lawyers have long been pioneers in bringing technology into the practice of law, through the development of technology-assisted document review. Many firms, including ours, are now deploying machine learning and other tools which can assist with case preparation by automating tasks such as bundling, research,…

Article 111(7) of the Italian Constitution grants parties with the right to file an extraordinary appeal with the Supreme Court on grounds of error in law against any state court final decision regarding personal freedom. The reference to personal freedom would seem to limit the scope of the remedy to criminal actions. However, already in 1948, the Supreme Court of Cassation extended the availability of the appeal to civil proceedings and, in particular, infringement of…

On July 26, 2018 Law No. 27,449 on International Commercial Arbitration (“LACI” for its Spanish acronym), was published in the Official Gazette. Said law had been passed by Congress on July 4, 2018 and signed into law by the Executive on July 25, 2018. The LACI, which is based on the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law (“UNCITRAL Law”), introduced some changes regarding the Arbitration Contract…