Kluwer Arbitration Blog brings expert analysis and fresh perspectives that simplify complex arbitration issues for the arbitration community worldwide. Since its launch on 28 January 2009, Kluwer Arbitration Blog has featured over 5,000 posts from more than 3,400 contributors. The planned upgrade of Kluwer Arbitration Blog from 1 to 15 July 2025 aligns with broader…
In a recent decision, the European Commission (“EC”) concluded that any payment by Spain on the basis of the arbitration award rendered in 2018 and established under the auspices of the International Centre for Settlement of Investment Disputes (“ICSID”) in the case of Antin v. Spain (the “Award“), would constitute illegal state aid under EU…
A recent decision by the People’s Court of Ho Chi Minh City (“Court”)—Decision No. 35/2025/QD-PQTT, dated 26 February 2025 (“Decision 35”)—offers important insights into what constitutes a “commercial” dispute under Vietnamese arbitration law. In this case, the Court held that the underlying dispute was non-arbitrable as it was of a civil and not commercial nature,…
The implementation of Tanzania’s Arbitration Act in 2020 (the Act) was an important step in positioning the country as a competitive investment hub. A Kluwer Arbitration Blog post written in 2021, The First Year of Tanzania’s 2020 Arbitration Act, reflects on how this law was also intended to position Tanzania as an African arbitration hub….
On 2 May 2025, a three-member tribunal constituted under the UK-EU Trade and Cooperation Agreement (“TCA”) published its ruling in a dispute brought by the European Union (“EU”) against the United Kingdom (“UK”) government. The case was noteworthy as the first to be heard under the dispute resolution provisions of the TCA, the agreement that…
We are delighted to present the first issue of the tenth volume of the European Investment Law and Arbitration Review (EILA Review). The developments in the cross-sections of European law, international investment law, and domestic law within and outside the EU continue at a breathtaking pace. In this issue, we have covered the following important…
This year marks the 100th anniversary of the Federal Arbitration Act (FAA), a statute that has profoundly shaped arbitration not just in the United States, but around the world. As we pause to reflect on the FAA’s global influence, it is also an opportunity to consider how global arbitration norms have circled back to reshape…
On 18 December 2024, His Excellency, the President of the Republic of Uganda, Yoweri Kaguta Museveni, signed into law the Arbitration and Conciliation (Amendment) Act, 2024. Among the key amendments was the dissolution of the Centre for Arbitration and Dispute Resolution (CADER) and its re-establishment as a department in the Ministry of Justice and Constitutional…
The Achmea judgment of the Court of Justice of the EU (“CJEU”) declaring intra-EU investment arbitration contrary to EU law has been hotly debated (see previous KAB posts here), but ever since, the post-Achmea effects have echoed over the years through EU policies, jurisprudence on intra-EU and non-EU ISDS cases, and in courtrooms where enforcement…
Appointments of adjudicators in investor-State dispute settlement (“ISDS”) have recently come under spotlight of the UNCITRAL Working Group III on ISDS Reform (“WGIII”). Recently, at its 51st session in April 2025, the WGIII discussed the draft statute establishing a standing mechanism to resolve international investment disputes (“Draft Statute”). In particular, the Draft Statute contains provisions…
In its second issue of the year, Arbitration continues to target and engage with pressing questions that lie at the heart of international dispute resolution. Alongside a collection of contributions on a variety of themes, issue 91.2 features a standout contribution from Claudia Salomon, President of the ICC Court of Arbitration, whose 2024 Alexander Lecture…
Arbitration has been a preferred method for resolving disputes in international commercial and investment transactions globally. Ghana’s Alternative Dispute Resolution Act, 2010 (“ADR Act”) was enacted to provide a comprehensive legal framework for arbitration, mediation, and other forms of alternative dispute resolution. The arbitration section of the ADR Act aligns with international arbitration standards, particularly…
On 17 April 2025, in CC/Devas (Mauritius) Ltd and Others v. the Republic of India [2025] EWHC 964 (Comm), the Commercial Court in London handed down a landmark judgment that is reverberating in the arbitration world around the globe. The court held that India’s ratification of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards…
The high costs of international arbitration create a playing field where financial strength often determines the outcome rather than legal merit. For claimants facing well-funded corporations or sovereign States, litigation funding has emerged as a key tool to counterbalance these disparities. This article explores how litigation funding is reshaping international arbitration, particularly in investor-State and…
Amidst the chaos of the COVID-19 pandemic, I represented a Chinese trader (“B”) ensnared in a supply chain dispute that exposed a glaring void in arbitration practice. B, bound by a back-to-back contract with a Vietnamese fruit juice seller (“A”), faced a lawsuit from a downstream Chinese buyer (“C”) due to A’s late delivery. When…
On 7 May 2025, over 300 participants gathered in Stuttgart, Germany for the annual Spring Conference of the German Arbitration Institute (“DIS”) entitled “The Revolution of Arbitration – Is Artificial Intelligence a Gamechanger?”. As in many—if not all—industries, business sectors, and areas of daily life, the topic of artificial intelligence (“AI”) is currently attracting significant…
Where the terms of an arbitration prescribe the “seat” or “place” of the arbitration to be Jurisdiction A, but the parties choose to conduct the arbitration in Jurisdiction B, is judicial review of the arbitral award governed by the laws of Jurisdiction A or B? This question was recently considered at first instance by the…
The unappealable finality of arbitral awards underpins its widespread acceptance as a dispute resolution mechanism, yet courts retain a narrow gatekeeping role to prevent outcomes that violate fundamental principles of justice. The 2024 Kenyan High Court decision in Ongata Works Limited v. Tatu City Limited prompts a debate on whether courts can control arbitral cost awards….
The future of Investor-State Dispute Settlement (“ISDS”) was a key topic of discussion at several events during London International Disputes Week (“LIDW”). Two panels, in particular, explored how the ongoing legitimacy crisis in ISDS is being addressed through recent procedural and substantive reforms, and what these developments may signal for the system’s future. Three Crowns…
The thirty-three identical towers that once loomed over St. Louis, Missouri, collapsed in a grey cloud of dust. They were once the future. In the 1950s, rationalist architect Minoru Yamasaki envisioned these high-rises as a utopia in raw concrete. Hundreds of families were evicted from their self-built homes to fulfil his vertical dream. Every detail…
As part of the final day of London International Disputes Week (“LIDW”) 2025, Atkin Chambers and CMS hosted a panel titled “Interim Relief and Other Skirmishes – An Arbitration Practitioner’s Perspective”. Focusing on both pre-emptive and interim measures in arbitration, the session brought together Camille Slow KC (Atkin Chambers), Riaz Hussain KC (Atkin Chambers), and Philip…
In Fiambalá Solar S.A. c/Compañía Administradora del Mercado Mayorista Eléctrico, the Court of Appeals on Commercial Matters of the City of Buenos Aires, Argentina (“Court of Appeals”), ruled that domestic awards rendered under the UNCITRAL Arbitration Rules were final and not subject to appeal. The Court held that such awards can only be challenged by…
Closing this year’s London International Disputes Week (“LIDW”), Skadden, in collaboration with One Essex Court, hosted a panel discussion titled “In Conversation With Clients: Achieving Client Goals Without a Courtroom Battle.” The session focused on how in-house and external counsel can work together to guide, support, and—when needed—challenge a client’s goals in dispute resolution. Against the backdrop of…
Balancing the concurrent rights of sovereign states to regulate in their interest and of foreign investors to be afforded certain standards of protection when investing in a foreign jurisdiction often leads to complex questions in investment arbitration claims. One uncommon, but not entirely novel issue, which was again brought to light in Iskandar Safa and…
