…support legal development and improve data transparency, such involvement should remain cautious and limited. This post is part of Kluwer Arbitration Blog’s coverage of London International Disputes Week 2025….
…ICC arbitration seated in New York and governed by Brazilian law (the scope of application of the Brazilian law in the case is an issue in itself, as discussed below)….
…with external counsel. Advocating for mediation internally is also part of the legal team’s job, since even when counsel sees its benefits, it is often not the default option for…
…litigation and arbitration. In arbitration, the memorial-style approach is commonly used, where parties submit all arguments, pleadings, and evidence simultaneously. Although this method may seem efficient, the panel highlighted several…
…and infrastructure. This “legal clarification of reversion” (aclaración legal de la reversión) was widely understood—by both the public and private sectors—to apply to all existing contracts, including those signed before…
…the rise of international arbitration. There is increasing client awareness around asset tracking and the use of third-party funders, which signals promising developments ahead for enforcement in international arbitration. …
Environmental, Social and Governance (“ESG”) considerations have evolved from idealistic frameworks into binding legal, financial and reputational imperatives and responsibilities. Increasingly, international arbitration must grapple with the complex and often…
…legal terrain or with the difficult task of adapting their business to subsequent regulation. This covers a variety of different legal issues, but prominently data privacy and competition law. The…
…Rather than reflecting jurisdictional traditions, dissenting opinions appear to be more a feature of arbitration itself than a by-product of legal background. Implications of Dissenting Opinions and Its Different…
…CAI into International Arbitration As mentioned above, CAI has the potential to strengthen key principles of international arbitration. The following examples show how this could happen. Embedding Arbitration Principles…
…International Arbitration (“LCIA”); Stefano Lobatón Ramírez, Legal Counsel at Madrid International Arbitration Center (“CIAM-CIAR”); Robin Oldenstam, Chairperson of the board of Stockholm Chamber of Commerce (“SCC”); Henrik Sajakorpi, Secretary General…
…General of the London Court of International Arbitration (“LCIA”), followed by a panel of in-house counsel discussing best practices and jurisdictional insights in international arbitration, which this post proposes to…
Introduction Procedural fairness is a fundamental principle in international commercial arbitration, which ensures that parties have a fair opportunity to present their case. The 1958 New York Convention (hereinafter “NY…
…James Castello highlighted a key challenge in international arbitration: the lack of international rules that could uniformalise counsel conduct. With practitioners operating under different national legal systems, expectations around professional…
…Arbitration). Main Characteristics of Well-Established Seats The session began with Professor Emilia Onyema outlining key elements of successful seats of arbitration: a judiciary that is supportive of arbitration, accessibility, safety,…
…investment arbitration. This post addresses four principal matters: the circumstances giving rise to the dispute in Frenkel v. Croatia; the competing analyses of res judicata advanced by the majority of…
…adequate legal protection. It found that upon Poland’s accession to the EU, the legal protection to be afforded by the national (Polish) court replaced that of arbitration provided for in…
…UNCITRAL Model Law on International Commercial Arbitration, 1985. Section 34(2)(a) provides limited grounds for setting aside an arbitral award, namely, incapacity of a party, invalidity of an arbitration agreement in…
The Arbitration & Mediation Center of the Santiago Chamber of Commerce (“CAM Santiago”) and the Madrid International Arbitration Center & Ibero-American Arbitration Center (“CIAM-CIAR”) have concluded a strategic agreement whereby…
…impact on investment arbitration. National Treatment and Most Favored Nation Although it is somewhat accepted by commentators and arbitral tribunals that the Most-Favored-Nation (“MFN”) standard applies to substantive provisions, a…
…of being performed.” For example, France, and Switzerland have opted to conduct a highly deferential approach to arbitral tribunals: refusing to refer parties to arbitration only where the arbitration agreement…
The rapid evolution of legal technology (“legal tech”) presents both opportunities and challenges for arbitration practitioners. With the emergence of artificial intelligence (“AI”) tools and specialized software solutions, arbitration practices…
…objectives, outlined under Article 2, include providing a balanced, predictable and transparent continental legal and institutional framework for investment. Further, it aims at providing a sound legal framework for prevention,…
…cases demanding corporate accountability. Comprised of leading legal practitioners, arbitrators, State representatives, academics, scientists, and civil society members, the Task Force is chaired by Chiara Giorgetti, Janet Whittaker and the…
