We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Michael Hwang, Gökçe Uyar & Cosima Wimmers, The Enka v. Chubb/Anupam Mittal v. Westbridge Controversies: Why Not the Hong Kong (Partial) Solution? This paper explores the critical theme of determining the governing law…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Markus Burgstaller & Dmytro Galagan, Contributory Fault in International Investment Arbitration As a general rule, if a state commits a wrongful act, it is under an obligation to make full reparation for the…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Klaus Peter Berger, The UNIDROIT Principles of International Commercial Contracts as a System of Transnational Contract Law: Two Recent Arbitral Awards Are the International Institute for the Unification of Private Law (UNIDROIT) Principles…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Adam Tahsin & Marius B. Gass, Codification, Convenience, and the Common Law: The Rationales Underpinning the Law Commission’s Proposed Reforms to the English Arbitration Act 1996 The Arbitration Act 1996 has regulated arbitrations…
There has been a lot of talk about artificial intelligence (“AI”) in international arbitration in recent years. I vividly remember when I gave the keynote speech on “International Arbitration 3.0 – How Artificial Intelligence Will Change Dispute Resolution” at the Vienna Arbitration Days 2018. At the time, people were quite skeptical about the topic, but…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Maxim Osadchiy, Calibrating De Novo: Judicial Review of Arbitral Jurisdiction De novo review of arbitral jurisdiction at the post-award stage, that typically involves full, independent assessment of arbitrators’ findings with respect to questions…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Gary B. Born & Sonya Ebermann, A New Patent Mediation and Arbitration Centre for Europe With the Unitary Patent (UP) and Unified Patent Court, some Member States of the European Union are creating…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Jeff Waincymer, ‘Much Ado About . . . The Law of the Arbitration Agreement: Who Wants to Know and for What Legitimate Purpose?’ Common law cases and commentators have debated whether the law…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Gauthier Vannieuwenhuyse, Exploring the Suitability of Arbitration for Settling ESG and Human Rights Disputes Environmental, Social and Governance (ESG) and Human Rights (HR) have become two of the most widely discussed topics in…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Klaus Peter Berger, Contractual Arbitration Clauses and Non-Contractual Claims Are non-contractual claims such as tort claims covered by standard arbitration clauses? Italian arbitration law contains a provision which seems to resolve this issue…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Jacob Grierson, Two Brief Comments on the Law Commission’s Proposed Reform of the Arbitration Act 1996 The Law Commission of England and Wales is currently reviewing the English Arbitration Act 1996 with a…
The International Bar Association (“IBA”) Subcommittee on Investment Treaty Arbitration has recently finalized its report titled “Arbitrating Small Value Claims in Investment Arbitration” co-signed by the current co-chairs (Caline Mouawad, Maxi Scherer) and former co-chairs (Noiana Marigo, Patrick Pearsall) (“Report”). The Report was also presented at the 2022 Annual Meeting of the IBA that recently…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Rekha Rangachari, Fatima Aslam, Kabir Duggal & Adeel Wahid, It Is Not a BIT Race, It Is a BIT Marathon: Comparing Pakistan’s and India’s Evolving Approach to Investment Policy India and Pakistan initiated…
In November 2021, the Law Commission of the United Kingdom announced its review of the English Arbitration Act 1996. Among the critical issues of the reform is the debate on whether to codify the existing principle of implied confidentiality of arbitration proceedings under English law. While the principle of implied confidentiality is largely settled in…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Roger P. Alford, Crina Baltag, Matthew E.K. Hall and Monique Sasson, Empirical Analysis of National Courts Vacatur and Enforcement of International Commercial Arbitration Awards The empirical research in this article relies on a…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Kimberley A. Wade & Ula Cartwright-Finch, The Science of Witness Memory: Implications for Practice and Procedure in International Arbitration Witness evidence plays a lead role in international arbitrations, yet the reliability of witness…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Markus Burgstaller & Giorgio Risso, Due Diligence in International Investment Law The obligation to exercise due diligence – which is commonly understood as the degree of care that is legally required or that…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Michael Hwang S.C. & Kevin Tan, The Time Limit to Set Aside an Award under Article 34(3) of the Model Law: A Comparative Study The time limit to set aside an award under…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Gary Born, The 1933 Directives on Arbitration of the German Reich: Echoes of the Past? In 1933, the National Socialist government of the German Reich issued a collection of directives regarding the use…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Gary Born, Anneliese Day & Hafez Virjee, Remote Hearings (2020 Survey): A Spectrum of Preferences A detailed survey of users’ experience of remote hearings shows that, as of July 2020, in-house and external…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Richard Garnett, Article 5 of the Model Law: Protector of the Arbitral Process? The question of judicial intervention remains highly significant in international commercial arbitration. Article 5 of the Model Law was included…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Sundaresh Menon, Arbitration’s Blade: International Arbitration and the Rule of Law The legitimacy of a system of dispute resolution depends intrinsically on the trust and confidence of its users in its decision-making processes,…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Johannes Landbrecht & Andreas R. Wehowsky, Transnational Coordination of Setting Aside and Enforcement of Arbitral Awards – A New Treaty and Approach to Reconciling the Choice of Remedies Concept, the Judgment Route, and…
On 23 July 2020, the Austrian Supreme Court (Oberster Gerichtshof, OGH) rendered a decision examining whether conducting an arbitration hearing by videoconference over the objection of a party may violate due process (Case No. 18 ONc 3/20s). To the authors’ knowledge, this decision, rendered in the context of the COVID-19 pandemic, is the first national supreme court’s…
