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…

China, Court Assistance, Institutional Arbitration, Interim measures, Macau, PRC

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On 25 February 2022, the Supreme People’s Court (“SPC”) and the Secretary for Administration and Justice of the Macau Special Administrative Region (“Macau”) signed an Agreement for mutual assistance regarding interim measures issued in arbitration proceedings in Mainland China and Macau (“Agreement”), which entered into force on 25 March 2022. The Agreement permits parties to…

Annual Report, Brazil, Diversity, English Law, Governing Law, International arbitration, LCIA Arbitration

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On 19 May 2020 the London Court of International Arbitration (hereinafter the LCIA or the Court) issued its annual casework report for 2019. This paper aims to present and analyse the numbers revealed in the report. The focus will be on the development of international arbitration in terms of market, diversity and inclusion, and applicable…

Brexit, Choice of Law, CISG

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“Whatever the nature of the transaction, in international business there is one prime question fundamental to the validity, interpretation, effectiveness and enforceability of the contract: what law governs?” – Professor Julian Lew QC, Preface, Rethinking Choice of Law in Cross-Border Sales, Gustavo Moser (Eleven International Publishing, 2018). On 15 April 2019, a sunny Monday in…