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In Arbitration Procedure

USA: Arbitrator exceeded authority by failing to comply with multiple arbitration agreements

by 6 Mins Read

In PoolRe Ins. Corp. v. Organizational Strategies, Inc., No. 14-20433 (5th Cir. Apr. 7, 2015), the U.S. Court of Appeals for the Fifth Circuit affirmed the vacatur of an arbitration award, holding that the arbitrator exceeded his authority in a multiple-party, multiple-contract arbitration by acting in accordance with one arbitration agreement, but contrary to the arbitrator appointment and forum selection clauses in other arbitration agreements involving an intervening party. After an insurance-related American Arbitration Association…

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In Uncategorized

Psychology and Decision Making in Litigation and Dealing with Authorities – Munich – September 23, 2015

by and 3 Mins Read

Did you ever wonder why your company lost a lawsuit although the merits of the case were on your side? Did you ever ask yourself whether your company could have reached better results when dealing with government authorities? Would you like to take advantage of the psychological effects on individuals in negotiations or dealings with authorities? In our seminar on “Psychology and Decision Making in Litigation and Dealing with Authorities” which will take place in…

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In Arbitration Procedure

Singapore Court of Appeal affirms the principal of temporary finality in construction arbitrations

by and 10 Mins Read

In a rare split amongst the judges of the Court of Appeal, the majority in PT Persuhaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] SGCA 30 (“PGN v CRW”) held that where there was an agreement to arbitrate construction disputes under the FIDIC Red Book, the binding but non-final decision of a Dispute Adjudication Board for the interim payment of a sum of money could be enforced in a separate arbitration, prior to…

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In Asia-Pacific

Indonesia: The End of Bilateral Investment Treaties?

by 5 Mins Read

Foreign investors into Indonesia have taken note of the following brief paragraphs posted on the website of the Embassy of the Netherlands (see http://indonesia.nlembassy.org/news/2014/03/bilateral-investment-treaty%5B2%5D.html with our additional underline, below): “Indonesia has informed the Netherlands that it has decided to terminate the Bilateral Investment Treaty (official title: Agreement between the Government of the Republic Indonesia and the Government of the Kingdom of the Netherlands on Promotion and Protection of Investment) per July 1, 2015. From that…

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