Unilateral option clauses (“UOCs”), also known as asymmetric or split arbitration clauses, grant one party the exclusive right to choose between litigation and arbitration while binding the other party to a single dispute resolution mechanism. These clauses are particularly common in financial and commercial contracts, where they are often employed by the stronger party to…
In a tribunal comprising three members, a unanimous arbitral award depicts the agreement of all members to the award. It has been argued that a single arbitrator’s bias in such a tribunal does not impact the integrity of the award as the outcome remains unaffected. Consequently, applications for setting aside arbitral awards on the grounds…
The Ontario Court of Appeal (“The Court”) has overturned the decision of an application judge who refused to set aside an arbitral award despite a finding of a reasonable apprehension of bias concerning one of the arbitrators. In doing so, the Court stated that when the objective test for bias is met, regarding even one…
The conference on “Arbitration and Mediation in Industrial Property,” during Paris Arbitration Week (“PAW”) 2025, brought together legal scholars, judges, arbitrators, and mediators to explore how alternative dispute resolution (“ADR”) is reshaping the landscape of industrial property. The first panel focused on this transformation, while the second delved into the launch of the Patent Mediation…
Recent amendments to the United Nations (“UN”) Model Tax Convention aim at banning the use of investor-State dispute settlement (“ISDS”) provisions for disputing tax measures, thereby attempting to deal a further blow to international investment agreements (IIAs). The UN Model Tax Convention is regularly updated and was drafted with the aim to cater for the…
Paris Arbitration Week (“PAW”) featured multiple discussions on the growing importance of Artificial Intelligence (“AI”) in arbitration proceedings, a much-debated topic. Issues such as the slow uptake in use of AI by legal professionals, the ethical and legal risks involved in the use of AI, and finding a balance between AI use and the necessary…
The ICCA-KIAC Conference is approaching, taking place on 5 June 2025, in Kigali, Rwanda. It will focus on the theme “Africa & International Arbitration: Untold Stories” and discuss legal reform processes being implemented across the continent to overcome historical obstacles, explore current challenges and opportunities for commerce, trade and investment in the region, and predict…
On February 26, 2025, the Tribunal in Honduras Próspera Inc., et al. v. Republic of Honduras rejected an unprecedented attempt to dismiss investment treaty claims for failure to exhaust local remedies. While respondent states have often contended that claimants should have pursued local remedies for one reason or another, Honduras advanced a novel argument in…
On Day 3 of the 2025 Paris Arbitration Week (“PAW”), Nyenrode University organized a comprehensive conference, hosted by Linklaters Paris, examining the future of investment arbitration in the five Central Asian countries (Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan, and Uzbekistan). The event featured a keynote address by Anna Joubin-Bret (UNCITRAL) and welcome remarks from Roland…
On the second day of Paris Arbitration Week (“PAW”) 2025, a sneak preview of the forthcoming 2025 International Arbitration Survey “The Path Forward: Realities and Opportunities in Arbitration” (“the 2025 Survey”) was presented at an event hosted at White & Case LLP (“W&C”) in Paris. The 2025 Survey is the fourteenth empirical project of Queen…
Paris Arbitration Week (“PAW”) 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…
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 &…
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,…
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…
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). …
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…
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,…
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…
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…
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…
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…
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…
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…
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…
