On 27 June 2023, a pilot project on contract construction in international arbitration was presented and discussed at the Institute for Forensic Linguistics, Aston University. The project explores to what extent international arbitration ensures that contracts are construed in an autonomous, uniform way. The short answer is: only to a small extent. Admittedly, contracts are…
The International Academy of Comparative Law (IACL) held its XXI General Congress in October 2022. The topic of one of the sessions was Impartiality and Independence of International Adjudicators. The purpose of the work was to assess criteria, mechanisms and remedies applied in the various legal systems (including international courts and arbitration) to ensure the…
Introducing a regulation of early determination in the context of expedited proceedings, highlights a series conflicting interests. Therefore, the UNCITRAL Working Group II on dispute resolution has not yet taken a final position on whether such a regulation should be inserted in the context of expedited arbitration, or whether it should rather be considered as…
It’s been decades since arbitration has started its emancipation from conflict of laws rules (private international law). Many were of the opinion, and still are, that conflict of laws rules are an undesirable straitjacket forcing the arbitral tribunal to determine the applicable law according to rigid and complicated rules and thus hindering it from considering…
