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News and Developments in International Arbitration

In a new feature of Migalhas International, we have collected comments from around the world on distinct arbitration topics. These comments are noteworthy for their unique, and they should enlighten both experts and novices in the field of arbitration. We hope you find these comments interesting and look forward to your feedback.


Edited by Mauricio Gomm Santos and Quinn Smith
Migalhas on International Arbitration

Issue

Contents

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Nº1 - Fall 2009

 

· This first edition presents a number of timely topics. Following up on the ICC Conference in Miami, Manuela de la Helguera presents an overview of confidentiality in arbitration in Latin America.

· Natasa Lalatovic provides another example of a country that has adopted the UNCITRAL Model Law on International Commercial Arbitration, commenting on the new Arbitration Act in Serbia.

· Growing change in employment arbitration in the United States to find claims non-arbitrable.

 

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Nº2 - Fall 2010

  

· The second issue of Migalhas on International Arbitration picks up where the first issue left off: analyzing distinct issues from around the world in the field of international arbitration.

· First, Olexiy Kostromov of Clifford Chance in Ukraine offers an insightful look at the legal and practical challenges facing the enforcement of arbitration agreements and awards in Ukraine. His analysis provides an insider’s view of the court system while also providing an overview of some of the issues arising from Ukrainian law.

· Second, Fernando Mantilla-Serrano of Shearman & Sterling in Paris ruminates on arbitrator independence in the increasing public forum of arbitral awards. He provides a concise overview of the challenges facing arbitrator independence with suggestions on how to provide greater assurances to arbitration observers on the quality of the arbitrators involved in international arbitral proceedings.

· Finally, Richard Lorenzo and Kristen Foslid of Hogan Hartson in Miami chronicle recent developments in the enforcement of arbitration agreements in the Florida courts. For this important arbitration situs, it appears courts are increasingly favoring the enforcement of arbitration clauses, choosing to enforce clauses using the word "may."

· The authors provide a complete yet brief review of the topic. This second issue builds on Migalhas’ tradition of timely, helpful updates on legal developments, and we encourage readers to contact us with any developments in their home countries. With over 70,000 readers, we trust that the Migalhas network can provide a wide-ranging overview of topics.

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ABOUT THE EDITORS

As practitioners in the field, at Smith International Legal Consultants we believe it is important to keep up with recent developments. Our practice includes years of experience in international arbitration, and our professionals have served as both advocates and arbitrators in disputes handled by some of the major arbitral institutions in the world.  In addition to our work, we routinely publish articles, speak at conferences, and engage in academic initiatives and professional groups on topics related to international arbitration. We look forward to sharing with you some of the thoughts from commentators around the world, and if you would like to learn more about our firm, feel free to visit our website at www.smintlaw.com.



Mauricio Gomm-Santos is a Brazilian attorney, Foreign Legal Consultant with Smith International Legal Consultants, P.A. in Miami, FL, and Professor of Law at the University of Miami. He can be reached at mauricio.gomm@smintlaw.com.





Quinn Smith is an American attorney at Smith International Legal Consultants, P.A. in Miami, FL, and guest lecturer at UNICURITIBA. He can be reached at quinn.smith@smintlaw.com.

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Migalhas International is a subsidiary of Migalhas and publishes legal and business news with a view on Brazil. Our core purpose is to deliver quality publications and services, and provide value to readers and sponsors. If you have questions or comments, you're invited to contact Michael Ghilissen, the editor, at michael@migalhas.com