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On February 9, 2021, the Hong Kong International Arbitration
Centre ( HKIAC ) released its annual case statistics for
2020. This highly anticipated report provides insight into how
arbitration in Hong Kong has fared in the face of the unprecedented
challenges of COVID-19 over the past year.
Several of HKIAC s latest statistics are record breaking:
HKIAC s arbitration caseload totaled 318 new cases in 2020, up
from 308 in 2019 and the highest number in a decade. Of these, 203
cases in 2020 were arbitrations administered by HKIAC, up from 173
in 2019 and the highest number on record. The total amount in
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A recent ruling by the Supreme Federal Court (STF) has confirmed
the possibility of ratifying a foreign decision without the need
for a Brazilian company to be served with process in the lawsuit by
letter rogatory - an instrument to communicate between Judiciaries
in different countries. The STF upheld the ruling of the Superior
Court of Justice (STJ), releasing an American company from this
obligation once and for all.
In the period from 1 January 2015 to 30 September this year, the
STJ judged 3,576 requests to ratify a foreign ruling. Of these,
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The promise of arbitration has traditionally centred
upon a faster, more efficient, and less costly way of resolving
commercial disputes. The reality of arbitration proceedings,
however, does not always deliver on this promise.
Surveys conducted in recent years suggest that cost and delay are some of the
negative and discouraging characteristics of international
arbitration. They also show a commercial imperative to simplify the
arbitral processes, including in particular for lower-value
claims.
The findings, whilst perhaps not entirely surprising, have
alarmed the arbitration community. Helpfully, however, a number of
In Wastech, the SCC sought to clarify the scope of the duty to exercise contractual discretionary powers in good faith previously recognized in Bhasin v. Hrynew (2014 SCC 71).
Assisted by Elisabeth Krstanovski
The case of
Goldberg v Voigt [2020] NSWDC 174 explores an incident
where a Sydney man, Bruce Goldberg, was awarded $35,000 in damages
after the District Court of New South Wales found that he was
defamed by a post made by Alice Voigt on the Rose Bay
Community – Original and Official Group Facebook
Page .
Facts
On 16 November 2018, Ms Voigt made a Facebook post on a Rose Bay
Community Group page claiming that Mr Goldberg intimidated,
bullied and threatened women . She continued with stating that he finds where you live. he hand delivers mail to your
house and claimed that it s not slander if it s