“When written in Chinese, the word ‘crisis’ is composed of two characters. One represents danger and the other represents opportunity.” (John F. Kennedy, Former US President). The current Covid-19 pandemic has wreaked havoc globally impacting people in grievous ways. The resultant containment measures by governments have severely limited or otherwise rendered physical interactions impossible. As…

On 19 May 2020 the London Court of International Arbitration (hereinafter the LCIA or the Court) issued its annual casework report for 2019. This paper aims to present and analyse the numbers revealed in the report. The focus will be on the development of international arbitration in terms of market, diversity and inclusion, and applicable…

Late last year, Herbert Smith Freehills Seoul and Kim & Chang held a “Women in Arbitration” Networking-Dinner and panel discussion as part of the Seoul ADR Festival 2019. The dinner aimed to provide an opportunity for female professionals in the Korean arbitration community to network with their industry peers and work to advance their position…

International arbitration (IA) maintains its popularity as business’ premier choice of dispute resolution in the 21st century. This does not mean that the process is free from criticism which raises the question how IA attracts and retains the trust of its users in spite of its limitations. The question of trust comes to the fore…

Gender and ethnic inequalities in the workplace have been the norm for decades with no effective measures been taken to address them, despite mounting evidence of discrimination and disadvantage faced by women and ethnic minorities across the world. Globally, most corporations, law-firms, government agencies, public offices recognize the need for diversity to enhance decision-making and…

This blog post provides a summary of a YICCA workshop held on 26 September 2019 in New York.  The event was jointly organized with the Blacks of the American Society of International Law (BASIL) – a task force formed in 2014 at the invitation of ASIL’s former Honorary President Gabrielle K. McDonald). The NY event…

In June 2019, the Spanish Arbitration Club (“CEA”) launched a new Code of Best Practices in Arbitration (the “Code”). This post briefly describes the scope of the Code and provides insights on the specific best practices proposed by CEA. The initiative is commendable, as it reflects the CEA community experience and tackles hot topics in…

  The Danish Institute of Arbitration (DIA) and ICC Denmark hosted Copenhagen Arbitration Day earlier this year. Discussion took place on a wide range of topics such as the criticism of arbitration, diversity and the Prague Rules. The day began with three lunchtime seminars. The first took place at the University of Copenhagen, where four…

“We are!” yells a group in the crowd as the Penn State Law Vis moot team enters the stage excitedly after the tribunal of the final round announces its victory – the first team from the US to win the Vis moot since 2004. “Penn State!” cheers back the team, disregarding the baffled looks of…

  A common concern for arbitration practitioners in Africa is that when it comes to African seated arbitrations, African practitioners are underrepresented. The African Arbitration Association (AfAA) was set up as a combined vision of practitioners in the region to create a platform that would encourage and create more opportunities for greater representation of African…

London International Disputes Week continued yesterday with the session dedicated to international commercial arbitration, hosted by Herbert Smith Freehills LLP. The first panel, moderated by Chantal-Aimée Doerries QC, Atkin Chambers, discussed the future of international arbitration in London, and in particular what London offers and where it must improve in order to maintain its place…

While the gender imbalance in arbitrator appointments is widely known, the causes are still debated. Before our exhaustive study, however, no one had seriously examined gender taxonomy as a possible cause of variations in the selection of male and female arbitrators, despite scholarship on the subject in other professions, including a noted study in 2004…

Key developments in international arbitration in 2018 were the focus of an end-of-the-year conference held on Wednesday, 19 December 2018, organized by CIArb YMG, the young members’ group of the Chartered Institute of Arbitrators, and Young ITA, the young members’ group of the Institute for Transnational Arbitration.  The event’s faculty members were Alexander G. Leventhal…

Begin at the Beginning On November 28, Rapper Jay-Z filed a petition in Manhattan Supreme Court pertaining to an ongoing arbitration administered by the AAA-ICDR.  He sought (i) a temporary restraining order to halt Iconix from pursuing claims in arbitration; (ii) a preliminary injunction staying arbitration for a period of ninety days for the parties…

The Young ITA, Arbitrator Intelligence and Pinheiro Neto Advogados joined forces to promote an edition of #YOUNGITATALKS São Paulo during the São Paulo Arbitration Week (“SPAW”) on October 24, 2018 at Pinheiro Neto Advogados’ head office.   Júlio Bueno, of Pinheiro Neto Advogados, Thiago Zanelato, of Pinheiro Neto Advogados and ambassador of Arbitrator intelligence –…

Jay-Z changed the rap game. Can he change the arbitration game? In a new lawsuit, the rap star (legal name: Shawn C. Carter) seems to be trying. Carter has recently won a temporary order staying arbitration for a dispute in New York. The memorandum of law in support of the petition for a stay (filed…

This year ArbitralWomen (AW) celebrates its 25th Anniversary. Founded in 1993, AW is a network of women from diverse backgrounds and legal cultures active in international dispute resolution in any role, including, arbitrator, mediator, expert, adjudicator, surveyor, facilitator, lawyer, neutral, ombudswoman or forensic consultant. With close to a thousand members from over 40 countries, AW has…

Party Appointed Arbitrators and the Drive for Diversity Over the last 8 years, BCLP’s International Arbitration Group has conducted a number of surveys on issues affecting the arbitration process.  In 2017 the survey focused on the issue of diversity [Diversity on Arbitral Tribunals: Are we getting there?] and in 2018 on the issue of party…

The results of the 2018 Queen Mary/White & Case International Arbitration Survey were launched on 9 May 2018. The survey explores “The Evolution of International Arbitration”: how international arbitration has evolved, the key areas for development in the future, and who and what will shape the future evolution of the field. This is the 4thsurvey conducted…

Also reporting: Chuba Nwokedi (Association for International Arbitration), Mateusz Rys (University of Antwerp), Maryam Salehijam (Ghent University), Anmol Sheth (Association for International Arbitration), Arthur Van Den Bossche (University of Antwerp), Antonia Zydek (University of Strathclyde) It has long been said that investment treaty arbitration is at crossroads. This is probably most true within the European…

ISDS tribunals have an unfortunately accurate reputation for being “male, pale, and stale”. A welcome backlash to this state of affairs has arisen, but the discourse has focused almost entirely on one aspect of diversity: gender. For example, the Equal Representation in Arbitration Pledge has garnered over 2900 signatories, who have committed to appointing more…

Back in the early 20th century, the business community created arbitration with the aim of offering an alternative to the perceived inadequacies of state courts in dealing with foreign parties, law, and claims. At the time, cases and claims were characterised by European, Mediterranean, and American elements. As a result, the arbitration community was described…

The past year has made clear that the issue of diversity and inclusion is, at last, firmly on the agenda. The 15th Annual ITA-ASIL Conference, held in Washington, D.C. on 4 April 2018, was the first major international conference to tackle this issue in the context of international arbitration. Speakers critically examined the lack of…