2025 PAW, Artificial Intelligence, Damages, International arbitration, Paris Arbitration Week

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Paris Arbitration Week 2025 featured a discussion on the complexities and possible answers to defending a damages claim when there is a lack or an excess of information on which to base the claim. The event, hosted by Oxera Consulting LLP, brought together the perspectives of professionals from different areas of expertise. Hannah Eckhoff (BioNTech…

2025 PAW, ADR Clauses, Arb-Med, Arbitration, Med-Arb, Netherlands, Switzerland, United States

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As part of the 9th edition of the Paris Arbitration Week (“PAW”), the Dutch Arbitration Association (“DAA”) and the International Centre for Dispute Resolution (“ICDR”), co-organised an event entitled “Transatlantic Views on Med-Arb/Arb-Med: Convergence or Chasm?” The panel was moderated by Marcio Vasconcellos (King & Spalding LLP), and composed of Vanessa Alarcon Duvanel (King &…

Energy, Energy Dispute, ESG, ITA, ITA Arbitration Report, Mining Sector, Social license

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Institute for Transnational Arbitration (ITA)

The Institute of Transnational Arbitration (“ITA”) recently convened its Third Conference on International Arbitration in the Mining Sector on 5-6 March 2025 in Toronto, Canada. This year’s edition centered on the mining of minerals essential for the energy transition, including lithium, copper, rare earths, and nickel. These minerals are pivotal in developing technologies for telecommunications,…

English Law, France, French Law, judicial reform, Paris Arbitration Week, UK

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Alexis Martinez (Watson Farley & Williams) moderated an interesting panel discussion on the changes to the arbitration laws of England and the impending changes to the arbitration laws of France. The panel comprised of different experts, including two of whom were directly involved in the reform of the arbitration laws in England and France. Nathan…

2025 PAW, Annulment, Arbitration Reform, CEE, Croatia, Czech Republic, Eastern Europe, Lithuania, Romania, Set aside an arbitral award, Slovenia

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As part of Paris Arbitration Week 2025, the Arbitration Association of Central and Eastern Europe (“ArbCEE”) hosted a roundtable discussion on “The Annulment of Arbitral Awards in the CEE.” The event was chaired by Rostislav Pekar (Squire Patton Boggs), hosted by Piotr Bytnerowicz (ByArb), and moderated by Veronika Korom (ESSEC Business School; Paragon Advocacy).  …

Deep Sea Mining, Investment Arbitration, Investment law, UNCLOS

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As the world races toward a greener future, demand for critical materials is surging. In this high-stakes hunt for resources, the deep seabed beyond national jurisdiction (the “Area”) is increasingly seen as the next “El Dorado”. However, regulations governing its exploitation have yet to be finalized due to mounting environmental concerns, which prompted several stakeholders…

Culture, Paris Arbitration Week

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In the splendid surroundings of the Hyatt Paris Madeleine, over 50 attendees gathered in the early evening of 9 April to hear the latest thoughts on Navigation Cross-Cultural Dynamics in International Arbitration, an official PAW event hosted by Rajah & Tann. The event aimed to foster dialogue on how cultural differences affect communication, business practices,…

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

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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

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(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…