Expropriation, International Investment Arbitration, International Investment Law, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, ISDS, Jurisdiction, Jurisdiction of the arbitral tribunal, Jurisdictional challenge

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The takeover of the Chinese-owned British Steel Limited by the UK Government under the Steel Industry (Special Measures) Act 2015 can lead to the submission of a dispute to investment treaty arbitration under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic…

Enforcement, England, Netherlands, Sovereign Immunity, State Immunity, United States

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In February 2025, the Court of Appeal of England & Wales unanimously dismissed Russia’s appeal against the English High Court’s decision that issue estoppel applies to its determination of the applicability of exceptions to state immunity under the State Immunity Act 1978 (“Immunity Act”) (“CoA Decision”). The case forms part of long-running, multi-jurisdictional proceedings surrounding…

MENA, UAE arbitration chapter

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In a recent decision of 27 January 2025, in Baker Hughes Saudi Arabia Company Limited v. Dynamic Industries, Incorporated & Ors, the United States Court of Appeals for the Fifth Circuit (“COA”) overturned the ruling of the United States District Court for the Eastern District of Louisiana (“District Court”), and enforced the parties’ arbitration agreement…

India, Protective Preliminary Orders, SIAC Rules 2025

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The much-touted 7th Edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules 2025”) came into force earlier this year on 1 January 2025. The SIAC Rules 2025 codify the conventions and practices of the SIAC Court of Arbitration (“SIAC Court”) as well as of arbitral tribunals which have emerged over the…

Dubai, Egypt, MENA, Unilateral Clauses

(Amereller Rechtsanwälte)/ /Leave a comment

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…

Bias, Canada, Independence and Impartiality, NAFTA, Set aside an arbitral award

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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…

Bias, Canada, Independence and Impartiality, NAFTA, Set aside an international arbitral award

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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…

2025 PAW, ADR, Dispute Settlement, Intellectual Property, Paris Arbitration Week, Patents

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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…

Investment Arbitration, Investment Disputes, Investor-State arbitration, ISDS, OECD, Tax, Taxation, UN

(HHP Chambers) and (WU (Vienna University of Economics and Business) - Institute for Accounting and Auditing)/ /Leave a comment

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…

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

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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…

Africa, Arbitration institution, ICCA Kigali 2025

(Low & Kinnear Dispute Resolution), (Legal Line Partners), and (TripleOKLaw Advocates, LLP)/ /Leave a comment

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…

DR-CAFTA, Exhaustion of Local Remedies, ICSID Arbitration, ICSID Convention, International Investment Arbitration, International Investment Law, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investor-State arbitration

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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…

2025 PAW, Arbitrator Selection, Central Asia, Code of Conduct, Independence and Impartiality, Investment Arbitration, ISDS, Kazakhstan, Kyrgyzstan, Mediation and Dispute Management, Paris Arbitration Week, Procedure, Tajikistan, Turkmenistan, Uzbekistan

(Linklaters; KU Leuven), (Nyenrode University), and (CREDIMI – University of Burgundy)/ /Leave a comment

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…

2025 PAW, Empirical Research, International arbitration, Paris Arbitration Week, Queen Mary- White & Case Survey

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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…

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

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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…

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

(Avizor Advocates & Arbitrators)/ /Leave a comment

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

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

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, Unilateral Clauses, 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…