The Achmea judgment of the Court of Justice of the EU (“CJEU”) declaring intra-EU investment arbitration contrary to EU law has been hotly debated (see previous KAB posts here), but ever since, the post-Achmea effects have echoed over the years through EU policies, jurisprudence on intra-EU and non-EU ISDS cases, and in courtrooms where enforcement…
Appointments of adjudicators in investor-State dispute settlement (“ISDS”) have recently come under spotlight of the UNCITRAL Working Group III on ISDS Reform (“WGIII”). Recently, at its 51st session in April 2025, the WGIII discussed the draft statute establishing a standing mechanism to resolve international investment disputes (“Draft Statute”). In particular, the Draft Statute contains provisions…
In its second issue of the year, Arbitration continues to target and engage with pressing questions that lie at the heart of international dispute resolution. Alongside a collection of contributions on a variety of themes, issue 91.2 features a standout contribution from Claudia Salomon, President of the ICC Court of Arbitration, whose 2024 Alexander Lecture…
Arbitration has been a preferred method for resolving disputes in international commercial and investment transactions globally. Ghana’s Alternative Dispute Resolution Act, 2010 (“ADR Act”) was enacted to provide a comprehensive legal framework for arbitration, mediation, and other forms of alternative dispute resolution. The arbitration section of the ADR Act aligns with international arbitration standards, particularly…
On 17 April 2025, in CC/Devas (Mauritius) Ltd and Others v. the Republic of India [2025] EWHC 964 (Comm), the Commercial Court in London handed down a landmark judgment that is reverberating in the arbitration world around the globe. The court held that India’s ratification of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards…
The high costs of international arbitration create a playing field where financial strength often determines the outcome rather than legal merit. For claimants facing well-funded corporations or sovereign States, litigation funding has emerged as a key tool to counterbalance these disparities. This article explores how litigation funding is reshaping international arbitration, particularly in investor-State and…
Amidst the chaos of the COVID-19 pandemic, I represented a Chinese trader (“B”) ensnared in a supply chain dispute that exposed a glaring void in arbitration practice. B, bound by a back-to-back contract with a Vietnamese fruit juice seller (“A”), faced a lawsuit from a downstream Chinese buyer (“C”) due to A’s late delivery. When…
On 7 May 2025, over 300 participants gathered in Stuttgart, Germany for the annual Spring Conference of the German Arbitration Institute (“DIS”) entitled “The Revolution of Arbitration – Is Artificial Intelligence a Gamechanger?”. As in many—if not all—industries, business sectors, and areas of daily life, the topic of artificial intelligence (“AI”) is currently attracting significant…
Where the terms of an arbitration prescribe the “seat” or “place” of the arbitration to be Jurisdiction A, but the parties choose to conduct the arbitration in Jurisdiction B, is judicial review of the arbitral award governed by the laws of Jurisdiction A or B? This question was recently considered at first instance by the…
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….
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…
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…
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…
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…
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…
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…
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…
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…
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….
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…
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…
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,…
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…
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),…
