Arbitral Tribunal, Arbitration Procedure, Arbitrator Bias, Artificial Intelligence, Document Production, Technology

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In both the world of arbitration and the fast-evolving landscape of 6G technology, information is power. The Swedish Arbitration Days 2025, themed “Information in Arbitration”, was bookended by two thought-provoking keynotes: Chiann Bao, Independent Arbitrator and former Secretary General of the Hong Kong International Arbitration Centre, emphasised the transformative role of information in arbitration, while…

Challenge of Arbitral Award, Jurisdictional challenge, Nationality, Switzerland

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In a recent case, the Swiss Federal Court upheld an arbitral award declining jurisdiction over a dual national’s claim against Venezuela under the Spain-Venezuela BIT. It confirmed that the BIT is silent on whether dual nationals qualify for protection under the treaty, and that this gap could be filled by having recourse to customary international…

MENA, United Arab Emirates

(Nayiri Boghossian FZE)/ /Leave a comment

Unilateral arbitration clauses (also referred to as asymmetrical arbitration clauses) have been the subject of considerable debate as they typically involve granting one party the right to choose between litigation and arbitration, while restricting the other party to one forum (as discussed here). As such, asymmetrical arbitration clauses create tension between the principles of party…

Disclosure, IBA, IBA Guidelines on Conflicts of Interest

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The International Bar Association has recently revised its guidelines on Conflicts of interest in International Arbitration (the “2024 IBA Guidelines” or “Guidelines”) (see here). The 2024 IBA Guidelines contain a special disclosure obligation for arbitrators if two of them currently serve together as arbitrators in another arbitration (Section 3.2.13). This new provision places new demands…

France, French Law, Reform

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In line with the global movement of reform in Europe (see previous posts on recent reforms in the UK, Germany, Luxembourg, Italy, Greece and Switzerland) and worldwide (e.g. China or Nepal), France also initiated in late 2024 the process of reforming its 14 years old arbitration law (discussed here). This post provides a concise overview…

2025 PAW, Arbitral Appointments, Arbitrator Selection, International arbitration, Paris Arbitration Week

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The hosts of this discussion, as part of Paris Arbitration Week (“PAW”) 2025, were Alexander Leventhal (Quinn Emanuel Urquhart & Sullivan, LLP), Flavia Foz Mange (Flavia Mange Disputes), Nhu-Hoang Tran Thang (Astute Dispute Resolution), Marc Krestin (Fieldfisher), Youssef Al Saman (Zulficar & Partners) and Maria Angélica Burgos (Burgos Dispute Resolution).  Each of the hosts are…

Commercial Arbitration, Contract Interpretation, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, Investor-State arbitration, Treaty, Treaty Interpretation

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Dealing with parallel arbitrations can be very difficult, as it is caught between two conflicting constraints: on the one hand, the need to avoid any denial of justice and, on the other hand, the need to avoid two tribunals dealing with the same issue. This problem sometimes arises in treaty-based investment arbitration, particularly when the…

2025 PAW, Corruption, International arbitration, Paris Arbitration Week

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As part of Day 2 of the 9th edition of Paris Arbitration Week (“PAW”) 2025, Navacelle hosted its third panel titled “Red Flags in Arbitration: Trends and Tools for Addressing Corruption”, this year partnering with Forensic Risk Alliance (“FRA”). The session gathered a distinguished group of leading legal and compliance experts to delve into the…

2025 PAW, Construction, Construction arbitration, Experts, International arbitration, Paris Arbitration Week

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During Paris Arbitration Week (“PAW”) 2025, Diales and CIArb hosted a session titled “Construction Arbitration: Instructing Delay Experts.” The discussion was opened by David Coyne (DIALES) and Jalal (Jil) El Ahdab (Bird & Bird AARPI), who set the scene with reflections on the evolving role of expert evidence in complex construction disputes. The panel featured…

Challenge of Arbitral Award, English Arbitration Act, English courts, English Law, UK

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On 17 January 2025, Mr. Justice Miles handed down judgment in Djanogly v Djanogly [2025] EWHC 61 (Ch), a case involving a long and bitter family dispute between a son, Saul Djanogly (“Son”), and a father, David Djanogly (“Father”). The dispute was referred by ad hoc agreement to the Golders Green Beth Din (“the Tribunal”)….

2025 PAW, Criminal law and arbitration, Investment Arbitration, Paris Arbitration Week

(ESSEC Business School; Paragon Advocacy)/ /Leave a comment

As part of Paris Arbitration Week 2025, ESSEC Business School hosted a roundtable discussion on “The Growing Influence of Criminal Law in International Arbitration.” The event was chaired by Veronika Korom (ESSEC Business School) and moderated by Geneviève Helleringer (ESSEC Business School). The panel brought together an exceptional group of ESSEC alumni active in the…

Arbitration, Arbitration Act, Nepal

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On 13 January 2025, the government of Nepal promulgated an ordinance (“Ordinance”) amending the Nepalese Arbitration Act, 1999 (“Arbitration Act”). The Ordinance purports to modernise the arbitration framework, introducing provisions designed to enhance efficiency and align with international standards. While the changes in these provisions represent a positive step forward, the decision to introduce an…

2025 PAW, Document Production, International Arbitration Procedures, Paris Arbitration Week, Settlement

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As part of the 2025 Paris Arbitration Week (“PAW”), Latham & Watkins, in collaboration with Columbia Law School, hosted two interactive panels examining key procedural issues in international arbitration from the perspectives of arbitrators, clients, and counsel. The first panel, moderated by Samuel Pape (Latham & Watkins), explored the “whether, why, and how” of facilitating…

2025 PAW, Career, Careers in Arbitration, Paris Arbitration Week

(Kluwer Law International) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

(Pictured (L–R): Harriet Foster, Kiran Nasir Gore, Rostislav Kats, Camille Ramos-Klee, Ali Al- Khasawneh) Among the many highlights of PAW 2025 was the session organized by Young ITA (part of the Institute for Transnational Arbitration) and Wolters Kluwer, “DIY: The Essential Toolkit for Arbitration Success.” The interactive program brought together a diverse set of seasoned practitioners…

Anti-arbitration Injunction, Anti-suit injunction, Economic Sanctions, English Arbitration Act, Seat of the arbitration

(Osadchiy Dispute Resolution LLP & Queen Mary University of London)/ /Leave a comment

Factors relevant to the selection of the seat—or place—of international arbitration are generally well-known. Indeed, even clients, long oblivious to the perils of choosing the seat unwisely, are increasingly wary of the importance of giving at least some consideration to what is rightly considered as the single most important choice in arbitration. Yet, as the…

ADR Clauses, Arbitration Agreements, BIT, Nigeria, Nigeria Arbitration and Mediation Act

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 On 11 February 2025, the Federal Ministry of Justice Nigeria unveiled the National Policy on Arbitration and Alternative Dispute Resolution for 2024-2028 (the Policy) to bolster commerce and establish Nigeria as a regional and international arbitration hub. The policy highlights Nigeria’s commitment to embracing global best practices by promoting arbitration and alternative dispute resolution (“ADR”)…

Australia, BIT, Commercial Reservation, Enforcement, From Jurisdiction, India, Investment Arbitration, Investor-State arbitration, New York Convention, Sovereign Immunity

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In January 2025, a Full Court of the Federal Court of Australia (“Full Court”) upheld a claim by the Republic of India (“India”) to foreign state immunity from proceedings brought by various Mauritian entities (the “Investors”) to enforce an arbitral award in the Australian courts. The Full Court upheld immunity on the basis of India’s…

Arbitration Agreement, Interim measures, United States

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Young California Arbitration (Young CalArb)

On July 15, 2024, Governor Gavin Newsom signed into law AB 1903, which makes two major updates to existing California law helping to ensure that the state remains a sought-after destination for international commercial arbitration.  Specifically, it (1) expands what qualifies as a written agreement to arbitrate, and (2) expressly allows tribunals to grant interim…

Brazil, Latin America

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Last 13th January 2025, the Centre for Arbitration and Mediation of the Brazil Canada Chamber of Commerce (“CAM-CCBC”), the biggest and oldest arbitral institution in Brazil, announced the approval of its new regulation (“Regulation”) on the early production of evidence (“Early Production of Evidence”). This Regulation is based on the jurisprudential understanding, especially of the…

English Arbitration Act, France, Law governing the arbitration agreement, Reform, Waiver

(Herbert Smith Freehills)/ /Leave a comment

On 20 March 2025, a working group consisting of arbitration practitioners, judges, arbitrators, and academics submitted a report to the French Minister of Justice. The report included proposals to reform French arbitration law to enhance its efficiency and international appeal. These proposals will be presented and discussed during Paris Arbitration Week on 8 April 2025…

China, Competence-Competence, Interim measures, Party autonomy, PRC

, , , (Arnold & Porter Kaye Scholer LLP)/ /Leave a comment

Arbitration in Mainland China offers many of the same advantages as arbitration in other jurisdictions, with lower costs and faster resolution. Still, foreign parties rarely choose arbitration in Mainland China, and typically do so only in cases of necessity. In recent years, China has endeavored to improve parties’ perceptions by promoting reforms aimed at opening…

Emergency Arbitration, Emergency Arbitrator, Ex Parte Relief, Expedited arbitration, Expedited Proceedings, India, India, Preliminary Orders, Protective Preliminary Orders, SIAC, SIAC Rules 2025, Singapore, Singapore International Arbitration Centre

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In an attempt to further fortify its position as a leading arbitral institution, the Singapore International Arbitration Centre (“SIAC”) has introduced the 7th Edition of the Arbitration Rules of the SIAC (“Rules”), which came into effect on 1 January 2025. Much has already been written on various aspects of the draft Rules during the consultation…

Anti-suit injunction, English courts, English Law, UK

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The UniCredit saga has taken an unexpected turn, and the cascading legal drama shows no signs of abating. The English Court of Appeal (“EWCA”) in its recent decision dated 11th February 2025 (‘‘Revocation Order”) in UniCredit v. RusChemAlliance revoked the earlier granted anti-suit injunction by the EWCA (“ASI Order”), which was affirmed by the UK…

Journal of International Arbitration

(ArbBoutique & Queen Mary University of London)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   V.K. Rajah SC, Courting Global Commerce: The Shifting Dynamics Between International Arbitration and International Commercial Courts Globalization continues to flourish through international trade and interconnected economies, despite the rise of economic nationalism. Even…