…of evidence manipulation and the use of deepfake videos in the context of remote hearings. One noteworthy proposal for mitigating such AI-related risks is “Constitutional AI” (“CAI”), introduced by researchers…
…increasingly building this through multilingual accessibility, regular institutional rules’ revision cycles, and maintaining a visible and respected position within both the arbitration and business communities. On the question of evolving…
…each dispute. Cultural and jurisdictional differences in practices around document production and witness evidence can further complicate proceedings. Here, she called for clearer institutional rules granting tribunals more explicit autonomy…
…proceedings (see here, here, and here). Courts also emphasize parties’ ability to present arguments and evidence (see here and here), challenge the opposing side’s submissions (see here and here), and…
…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…
…process. She further highlighted the role of “juges d’appui” (or “supporting judges”), who step in when institutional rules are silent or to secure assets or evidence, without interfering with the…
…and historical ties. Furthermore, CIAM-CIAR offers an innovative set of rules, designed to ensure efficiency, transparency, and flexibility. Its administration is exclusively dedicated to international arbitrations. CAM Santiago will benefit…
…tribunals […] are not themselves instances of State practice for purposes of evidencing [CIL].” This means that arbitral decisions, while potentially persuasive, do not constitute independent evidence of State practice…
…the documentary record. In Dell, the challenges to the arbitration clause included whether the plaintiff had actual knowledge of the arbitration clause, which required testimonial evidence, and thus the SCC…
…the use of AI in cases administered under the SCC rules. Guidelines have also been released by the Silicon Valley Arbitration and Mediation Center and the Chartered Institute of Arbitrators….
…claiming expropriation or unfair treatment may need to address scientific evidence on their projects’ environmental impact. Attribution science can also assess whether State actions, such as phasing out coal plants…
…26, 2025 along with the publication of the arbitration rules and a framework for the arbitrators. Cornerstones of the Reform The reform aims to improve, facilitate, and quicken the restitution…
…consistent definition of ‘expropriation’ across BITs, the wording generally covers direct and indirect action by the state resulting in taking property from the investor. Relevant to this definition are also…
…introduces significant–and troubling–changes to the rules on the recognition and enforcement, and annulment of arbitral awards. Recognition and Enforcement The Paraguayan Arbitration Act is a dualist arbitration legislation, meaning that…
…and divest from affected operations without taking on the risks and costs associated with dispute resolution. The large awards in investment arbitration offer a potentially significant financial reward for investors…
…alleged ‘fact’ (that did not meet the required standard of proof as under Articles 117 and 119 of the Qanoon e Shahadat Order 1984, Pakistan’s Law of Evidence) was used…
…International Arbitration Rules in 2021, based on the 2014 LCIA Arbitration Rules. These rules were drafted by an expert panel, including Maxi Scherer, Lise Bosman and Ndanga Kamau, ensuring alignment…
…the arbitration. Depending on what its arbitration rules stipulate, the department may have such powers as deciding, absent consensus or prior agreement of the parties, on the number of arbitrators…
…arbitral tribunals have ruled on the admissibility of new claims, the admissibility of set-off under the ICC Arbitration Rules, and the admissibility of requests for negative declaratory relief. As to…
As defined by Mister Fantastic in the Marvel Cinematic Universe, “[a]n Incursion occurs when the boundary between two universes erodes and they collide, destroying one or both entirely.” In the…
…the SIAC Registrar acted in breach of the SIAC Rules, as a plain and logical reading of Rule 40.1 of the SIAC Rules meant that the Registrar could not review…
…lack explicit data protection focused rules or practice guidance, failing to address whether the existing legal framework adequately accommodates the evolving regulatory landscape. In light of this, this blog post…
…Stories”, taking place in Kigali on 5 June 2025. Introduction The concept of immunity operates in distinct legal contexts. Under international law, it functions as a protection of state…
…pointed out, this remains a very general framework with few practical outcomes so far. While some states are still considering new AI-related rules, some have already enacted legislation. However, because…
