In November 2021, the Law Commission of the United Kingdom announced its review of the English Arbitration Act 1996. Among the critical issues of the reform is the debate on whether to codify the existing principle of implied confidentiality of arbitration proceedings under English law. While the principle of implied confidentiality is largely settled in…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Roger P. Alford, Crina Baltag, Matthew E.K. Hall and Monique Sasson, Empirical Analysis of National Courts Vacatur and Enforcement of International Commercial Arbitration Awards The empirical research in this article relies on a…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Kimberley A. Wade & Ula Cartwright-Finch, The Science of Witness Memory: Implications for Practice and Procedure in International Arbitration Witness evidence plays a lead role in international arbitrations, yet the reliability of witness…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Markus Burgstaller & Giorgio Risso, Due Diligence in International Investment Law The obligation to exercise due diligence – which is commonly understood as the degree of care that is legally required or that…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Michael Hwang S.C. & Kevin Tan, The Time Limit to Set Aside an Award under Article 34(3) of the Model Law: A Comparative Study The time limit to set aside an award under…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Gary Born, The 1933 Directives on Arbitration of the German Reich: Echoes of the Past? In 1933, the National Socialist government of the German Reich issued a collection of directives regarding the use…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Gary Born, Anneliese Day & Hafez Virjee, Remote Hearings (2020 Survey): A Spectrum of Preferences A detailed survey of users’ experience of remote hearings shows that, as of July 2020, in-house and external…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Richard Garnett, Article 5 of the Model Law: Protector of the Arbitral Process? The question of judicial intervention remains highly significant in international commercial arbitration. Article 5 of the Model Law was included…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Sundaresh Menon, Arbitration’s Blade: International Arbitration and the Rule of Law The legitimacy of a system of dispute resolution depends intrinsically on the trust and confidence of its users in its decision-making processes,…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Johannes Landbrecht & Andreas R. Wehowsky, Transnational Coordination of Setting Aside and Enforcement of Arbitral Awards – A New Treaty and Approach to Reconciling the Choice of Remedies Concept, the Judgment Route, and…

On 23 July 2020, the Austrian Supreme Court (Oberster Gerichtshof, OGH) rendered a decision examining whether conducting an arbitration hearing by videoconference over the objection of a party may violate due process (Case No. 18 ONc 3/20s). To the authors’ knowledge, this decision, rendered in the context of the COVID-19 pandemic, is the first national supreme court’s…

This is the second of a two-part blog post series for an upcoming publication titled International Arbitration and the COVID-19 Revolution edited by us. As detailed in Part 1 of this series, the book contains 17 chapters from 31 leading international arbitration practitioners. The focus of the contributions range from procedural topics in international arbitration…

The COVID-19 pandemic has exerted an unprecedented impact on individuals, entities, businesses, and states. National court systems and alternative dispute resolution regimes have also been severely affected. Yet, international arbitration has demonstrated itself to be both adaptable and resilient throughout the crisis and emerged more strongly positioned as a method of dispute resolution for a…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Mees Brenninkmeijer & Fabien Gélinas, Execution Immunities and the Effect of the Arbitration Agreement The prevailing view in international legal practice is that a state does not waive its immunity from execution by…

Once one gets past the fact that the word “asynchronous” is impossible to pronounce or spell, it is an interesting concept, including for international arbitration. The Oxford English Dictionary defines it as “not existing or occurring at the same time, not coinciding in time.” If you think about TV shows, for instance, some are broadcast…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Maxi SCHERER, Remote Hearings in International Arbitration: An Analytical Framework Remote hearings are nothing new, but the Coronavirus Disease-19 (COVID-19) crisis has forced international arbitration out of its comfort zone. Parties, counsel, and arbitrators…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Christoph Liebscher, Teamwork Approach in Arbitration: A New Perspective Attempts to increase the efficiency of case management in arbitration have been around for some time. They were mainly focused on the design and…

Remote hearings are nothing new, but the COVID-19 crisis has forced international arbitration out of its comfort zone. Parties, counsel, and arbitrators must adapt to the new reality of conducting proceedings in the face of travel restrictions and social distancing measures. One particularly thorny question is whether and to what extent planned physical hearings that…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Sundaresh Menon, Technology and the Changing Face of Justice The problem of unequal access to justice, also known as the justice gap, has been worsened by rising levels of inequality over the past…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Markus PETSCHE, Restrictive Interpretation of Investment Treaties: A Critical Analysis of Arbitral Case Law This article critically discusses the recourse to the principle of restrictive interpretation (in dubio mitius) by treaty-based investor-state arbitral…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Kathrin Betz, Stéphane Bonifassi, Nadia Darwazeh & Mark Pieth, Navigating Through Corruption and Money Laundering in International Arbitration: A Toolkit for Arbitrators and Counsel Arbitral tribunals and counsel have to address corruption and…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Maxi Scherer, Artificial Intelligence and Legal Decision-Making: The Wide Open? The article explores the use of Artificial Intelligence (AI) in arbitral or judicial decision-making from a holistic point of view, exploring the technical…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Lucy Greenwood, Revisiting Bifurcation and Efficiency in International Arbitration Proceedings In 2011, the author published an analysis of available empirical data on bifurcation of disputes in this journal. The article, ‘Does Bifurcation Really…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   ARTICLES Klaus Peter Berger: Common Law v. Civil Law in International Arbitration – The Beginning or the End? The presentation of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration…