Swiping Right to Arbitration: An Imperfect Match?
Dating apps are now a central part of many people’s lives. Yet many users perhaps overlook that use of this kind of app usually comes with an arbitration agreement. Almost…
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2024 in Review, ACICA, Arbitration Agreement, Australia, Australian Arbitration Week, Energy, Immunity, Investment Arbitration, Legislative amendment, Liability, New Zealand, Pacific Islands, Party autonomy, PCA, Public Policy, Standard of Proof
2024 Year in Review: Australia, New Zealand and the Pacific Islands
…in the process. Turning to state courts, in Icon Si (Aust) Pty Ltd v Australian Nuclear Science and Technology Organisation [2024] NSWSC 324, the Supreme Court of New South Wales…
Arbitration Tech Toolbox: Blind Spots in Arbitration—When Technology Distorts Evidence Without Direct Human Intervention
…far, concerns surrounding digitally created or recorded evidence focus on human factors, such as the creation of deepfakes or the hacking of evidence. But what happens when the technology itself…
2024 Year in Review: Trends and Developments in East and Central Asia
…for human judgment. The event reaffirmed Hong Kong’s leadership in arbitration innovation while addressing emerging ethical considerations in technology-driven dispute resolution processes. Japan 2024 saw the continuation of the…
Asia-Pacific, Institutional Arbitration, Interviews with Our Editors, New Zealand, Pacific Islands, Sport arbitration
Interviews with Our Editors: In Conversation with Sir David Williams
…from this new technology that we will need to work hard to grapple with. All of this is really about cost and efficiency—I think we still have a long way…
2024 in Review: Latin America and Investment Arbitration
…in different sectors such as mining, technology, energy, and oil and gas, and offers significant tax and custom benefits, along with foreign exchange incentives. The law sets up a dispute…
2024 in Review: Arbitration-related Developments in England and Wales and Ireland
…space. English courts are especially alive to the need to adapt to this new age of technology, in light of remarks made by the judiciary in recent times. Given the…
2024 in Review, Arbitration Tech Toolbox, Artificial Intelligence, Intellectual Property, Online Dispute Resolution, Technology
2024 in Review: Technology
…complexity, both in terms of procedure and in terms of disputes arising from technology itself. Arbitration-Related Technology Arbitration-related technology is ever-developing, as are the thoughts of arbitration practitioners on…
Argentina’s New Foreign Investment Regime: Key Considerations
…Regime applies to the owners of a large investment through a special purpose vehicle (“SPV”) in the following sectors: forestry, tourism, infrastructure, mining, technology, steel, energy, and oil and gas….
Countdown to RIDW25: AI, Arbitration, and Access: Reshaping Legal Services for the Better
…humanity: “When I speak to the models I feel heard.” This is essentially what disputants need (in addition to a decision) to be heard. The technology is here. In fact,…
Arbitration Institutions and Rules, Asia-Pacific, Enforcement, Japan, Japan Commercial Arbitration Association, JCAA
2024 JCAA Arbitration Days Recap Day 2: Flexible Harmonization and Cooperation Towards Best Practices
…Ms. Anna Joubin-Bret (Secretary of UNCITRAL) delivered the keynote speech and set the stage by highlighting the UNCITRAL Working Group II on Technology-Related Dispute Resolution and Adjudication and the UNCITRAL…
Countdown to RIDW25: Arbitrating Construction Disputes under the SCCA Rules
…SCCA rules are also worth highlighting. Article 25(2) encourages parties to consider how technology can be used to reduce the environmental impact of the arbitration. With construction disputes being synonymous…
Hong Kong Arbitration Week 2024: Defying Convention and Breaking New Ground
…minerals (primarily copper), metals (including lithium), chemical products, agroindustry, ports, desalination plants, technology, and the automotive industry. In Africa, Professor Ufot reported substantial investment driven by China’s Belt and Road…
The Best Path Forward in International Arbitration: A Summary of the SIAC Annual India Conferences 2024
…technology, greater transparency, diversity, and procedural changes as part of various reforms in international arbitration. Chief Justice Upadhyaya also emphasised the importance of cross-jurisdictional collaboration and commended Singapore’s efforts in…
Exploring the Frontier of IP and Technology Dispute Resolution: Highlights from the CIArb-IPOS Conference
…(Managing Director, Vantage Chambers) from a mediator’s perspective. They shared their personal experiences with mediation of IP and technology disputes. Panelists observed a notable uptick in IP and technology disputes…
Hong Kong Arbitration Week 2024: 12 Angry Robots and Crowd-Sourced Dispute Resolution – Justice in the Digital Age
…Eversheds Sutherland). Co-moderating the discussion were Mr. Wesley Pang (Partner, International Arbitration) and Ms. Frankie Tam (Partner, Technology and Data) from Eversheds Sutherland. Dispute Resolution in the Decentralized Space…
Interviews with Our Editors: In Conversation with Joanne Lau, Secretary-General of the Hong Kong International Arbitration Centre
…have collaborated with a number of technology providers to conduct training and events showcasing cutting-edge tools in legal technology. These have been very well received and we have planned for…
Interviews with Our Editors: Opening Australian Arbitration Week 2024 with Judith Levine, President of ACICA
…it accelerated our embrace of remote technology and normalised the notion that you can work from anywhere. The practice has taken off. Highlights include presiding over my first PCA hearing…
Artificial Intelligence, Confidentiality, Conflicts of interest, Due process, Ethics, Illegally obtained evidence, Privilege, SIAC, SIAC Symposium, SIAC Symposium 2024, Singapore International Arbitration Centre, Southeast Asia, Technology
SIAC Symposium 2024 Part 2: Shaping the Future of Arbitration
…of technology in arbitration, and the evolving values and expectations that drive the international arbitration community. Plenary Panel II: Mock Hearing – Ethics in International Arbitration This session, moderated…
New White Paper Now Available: Checking the Boxes: Confidentiality and Data Protection in International Arbitration
…marked by rapidly evolving technology, including the rise of artificial intelligence, new cyber threats, and changing laws and regulations (including data protection and specific cybersecurity regulations). Technological and organisational measures…
Open Position: Assistant Editor of Kluwer Arbitration Blog
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Technology. Interest and expertise in technology-related issues in international…
Arbitration Tech Toolbox: Emotion AI: A Game-Changer for Efficiency and Due Process in International Arbitration?
…cues more accurately than humans. This technology can identify over 130 emotions and micro-expressions (at least according to MorphCast’s claims). Therefore, while traditional methods of understanding emotions through psychology exist,…
The Arbitrability of IP Disputes: A Concern of the Past?
Intellectual property (“IP“) rights are becoming increasingly valuable assets for businesses, especially for sectors like technology and life sciences. These rights can be key to a business’ success. While IP…
“Appropriate Legality” and Arbitration Reform in Pakistan
…shiniest or most complex technology was not necessarily the best option for developing countries. Instead, he argued in favor of a practical, more “people-centric” approach, later dubbed “appropriate technology”. Like…