Arbitral Award, Arbitrators, Costs, Kenya, Public Policy

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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….

Investment agreements, Investment Disputes, ISDS, ISDS Reform, LIDW 2025

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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…

Arbitration Institutions and Rules, Artificial Intelligence, Soft Law Instruments, Technology

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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…

Emergency Arbitrator, Emergency Measure, Interim measures, interim relief, International arbitration, LIDW 2025, National Courts, Security for Costs

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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…

Appeal, Arbitration Act, Argentina, Commercial Arbitration, Domestic arbitration

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Asociación Latinoamericana de Arbitraje (ALARB)

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…

Case Management, Counsel, International Commercial Arbitration, LIDW 2025

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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…

Contract Interpretation, Domestic law, International Investment Arbitration, International Investment Law, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, ISDS, Sovereignty

(Hasselt University, KU Leuven)/ /Leave a comment

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…

Insurance, LIDW 2025

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On 4 June 2025, Herbert Smith Freehills Kramer hosted a panel titled “Insurance Disputes in the Face of Global Change and Challenges” at London International Disputes Week (“LIDW”) 2025, examining how insurance law responds to Covid-related losses and emerging risks like war, climate change, M&A activity, and cyber-attacks. The panel also explored the role of…

Brazil, Latin America

(BMA Advogados; Young ICCA Co-Chair) and (BMA Advogados)/ /Leave a comment

May parties contractually dissociate the forum competent to adjudicate annulment proceedings from the seat of the arbitration? In other words, may they choose one city as the arbitral seat while designating the courts of another to entertain proceedings to set aside the arbitral award? This question has been rarely tested in the Brazilian scene, but…

Investment Disputes, Investor-State arbitration, investor-State arbitration and mediation, LIDW 2025, Mediation

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The role of mediation as a dispute resolution mechanism was featured in various discussions during this year’s London International Dispute Week (“LIDW”). Across several sessions, panellists explored mediation’s potential in a range of contexts—from commercial disputes to investor-State conflicts—and considered its growing appeal, including its ability to reduce enforcement risks through tailored, mutually agreed solutions….

Dispute Resolution, Evidence, International arbitration, LIDW 2025, Litigation

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On 6 June, Compass Lexecon and Signature Litigation hosted a panel discussion titled “Innovation through sharing experiences: What arbitration can learn from litigation (and vice versa)”. The panel was composed of Alan Rozenberg (Compass Lexecon), Julian Delamer (Compass Lexecon), Yvette Austin (Compass Lexecon), Neil Newing (Signature Litigation), and Dan Spendlove (Signature Litigation). As the event…

Domestic Courts, Domestic law, International Investment Arbitration, International Investment Law, Judicial intervention, Legitimate Expectations

(NOVA School of Law and PLMJ Lawyers)/ /Leave a comment

On 12 November 2024, an ICSID tribunal rendered its award in the case of Telefónica S.A. v. Republic of Colombia. At its heart, the case concerns the protection of foreign investors’ legitimate expectations under a bilateral investment treaty (“BIT”), and, more unusually, the international legal consequences of a decision by a national constitutional court affirming…

Enforcement, International arbitration, LIDW 2025, Uncategorized

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Enforcing arbitral awards has been a recurring topic throughout the London International Disputes Week (“LIDW”) events. Just when the enforcement regime appears to be stabilizing, new challenges continue to emerge. With globalisation and the rise of new market economies, asset distribution is more international than ever. The enforcement of awards involves interactions with various professionals,…

Arbitration, Contract Drafting, Contract Interpretation, ESG, Insurance, International arbitration, Investment Arbitration, Investment Disputes, Investment law, ISDS, Litigation, Remedies, Third party funding

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Environmental, Social and Governance (“ESG”) considerations have evolved from idealistic frameworks into binding legal, financial and reputational imperatives and responsibilities. Increasingly, international arbitration must grapple with the complex and often competing, or at times contradictory, demands that ESG compliance places on states, corporations and dispute resolution mechanisms. As set out below against an 80s soundtrack…

Arbitral Tribunal, Arbitrators, Crypto, Cryptocurrency, Data Protection, English courts, English Law, Fraud, Hong Kong, LIDW 2025, Technology

(Herbert Smith Freehills Kramer)/ /Leave a comment

As part of the 2025 edition of the London International Disputes Week (“LIDW”), Osborne Partners, A&O Shearman and Eversheds Sutherland hosted a panel on “Arbitration in Emerging Industries (Tech, Fintech and Crypto): Global Risks and Local Differences”. The panel, moderated by Jonathan Leach (Eversheds Sutherland), comprised Brenda Horrigan (Independent Arbitrator), Sanjeev Kapoor (Khaitan & Co),…

Dissenting opinions, International arbitration, LIDW 2025

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On 4 June 2025, Gatehouse Chambers and Elkinson, in collaboration with Clyde & Co, hosted a panel discussion examining the rare yet intricate phenomenon of dissenting opinions in arbitral proceedings. Convened in accordance with the Chatham House Rules and moderated by Frederico Singarajah (Gatehouse Chambers), the session brought together a distinguished panel comprising Jeffrey Elkinson…

Arbitration, Artificial Intelligence, Constitutional AI, Technology

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Large language models (“LLMs”) are increasingly reshaping legal work. According to the 2024 Wolters Kluwer Future Ready Lawyer Survey Report, 76% of in-house legal departments and 68% of law firms now use artificial intelligence (“AI”)–powered tools at least once a week. In arbitration, AI has an emerging role in various stages of the process—from dispute…

Arbitral Appointments, Institutional Arbitration, LIDW 2025, UK

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Following its resounding success last year, the Arbitral Institutions Congress made a comeback, featuring on day 3 of the London International Disputes Week (“LIDW”) 2025. The event comprised of representatives from several global arbitral institutions as well as regional arbitral institutions and was held in the historic Queen’s Room at Middle Temple. The event was…

Diversity, Efficiency, LIDW 2025, Middle East

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London International Disputes Week (“LIDW”) 2025 commenced with International Arbitration Day on 2 June 2025. The opening event, hosted by Linklaters LLP, featured a keynote address by Kevin Nash, Director General of the London Court of International Arbitration (“LCIA”), followed by a panel of in-house counsel discussing best practices and jurisdictional insights in international arbitration,…

New York Convention, Procedural Fairness

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Introduction Procedural fairness is a fundamental principle in international commercial arbitration, which ensures that parties have a fair opportunity to present their case. The 1958 New York Convention (hereinafter “NY Convention”)—particularly Article V.1.(b)—plays a crucial role in upholding this principle. This provision provides that the court of a contracting State may refuse to recognize and…

Artificial Intelligence, Ethics, Innovation, International arbitration, International dispute resolution, LIDW 2025, London

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The main conference of the London International Disputes Week (“LIDW”) 2025 was themed “Innovation in Dispute Resolution: Navigating Global Risks.” Throughout the day, practitioners from around the world gathered to explore how to navigate an increasingly fast-paced and ever-changing global landscape—and to reflect on the legal profession’s role and responsibilities in this new era.  …

Artificial Intelligence, LIDW 2025, Sovereign Immunities, UK

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On International Arbitration Day, London International Dispute Week (“LIDW”) featured panels that explored how courts and institutions can promote and strengthen arbitration, as well as how pivotal projects can benefit from it. This post highlights two panels hosted by Simmons & Simmons and Squire Patton Boggs, which focused on the approaches courts can take to…

Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, Investor-State arbitration, Investor-state tribunals, ISDS, Res Judicata

(University of Leicester)/ /1 Comment

The recent award in Ahron G. Frenkel v. Republic of Croatia has already succeeded in dividing the very tribunal that rendered it—never an encouraging omen. It is unlikely to cease causing a stir in the near future, given its immediate impact on the claimant and its longer-term contribution to the perennial headaches induced by the…

Achmea, Domestic Courts, International Investment Arbitration, International Investment Law, Intra-EU BIT's, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investment Disputes, National Courts, PL Holdings

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In a recent decision (the “Decision“), the Amsterdam Court of Appeal (Gerechtshof Amsterdam) (the “Court”) ordered the claimant in an UNCITRAL arbitration brought against Poland under an intra-EU Bilateral Investment Treaty (“BIT“) to cooperate in terminating an arbitration, subject to a hefty daily penalty. Although there have been many court decisions addressing the enforcement of…