We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Christoph Liebscher, Teamwork Approach in Arbitration: A New Perspective Attempts to increase the efficiency of case management in arbitration have been around for some time. They were mainly focused on the design and…
Remote hearings are nothing new, but the COVID-19 crisis has forced international arbitration out of its comfort zone. Parties, counsel, and arbitrators must adapt to the new reality of conducting proceedings in the face of travel restrictions and social distancing measures. One particularly thorny question is whether and to what extent planned physical hearings that…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Sundaresh Menon, Technology and the Changing Face of Justice The problem of unequal access to justice, also known as the justice gap, has been worsened by rising levels of inequality over the past…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Markus PETSCHE, Restrictive Interpretation of Investment Treaties: A Critical Analysis of Arbitral Case Law This article critically discusses the recourse to the principle of restrictive interpretation (in dubio mitius) by treaty-based investor-state arbitral…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Kathrin Betz, Stéphane Bonifassi, Nadia Darwazeh & Mark Pieth, Navigating Through Corruption and Money Laundering in International Arbitration: A Toolkit for Arbitrators and Counsel Arbitral tribunals and counsel have to address corruption and…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Maxi Scherer, Artificial Intelligence and Legal Decision-Making: The Wide Open? The article explores the use of Artificial Intelligence (AI) in arbitral or judicial decision-making from a holistic point of view, exploring the technical…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Lucy Greenwood, Revisiting Bifurcation and Efficiency in International Arbitration Proceedings In 2011, the author published an analysis of available empirical data on bifurcation of disputes in this journal. The article, ‘Does Bifurcation Really…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: ARTICLES Klaus Peter Berger: Common Law v. Civil Law in International Arbitration – The Beginning or the End? The presentation of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Dina D. Prokić, SIAC Proposal on Cross-Institution Consolidation Protocol: Can It Be Transplanted into Investment Arbitration? Investment arbitration has been increasingly criticized as being, among other things, slow, cumbersome and unpredictable, in light of…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Gordon Blanke, Free Zone Arbitration in the United Arab Emirates: DIFC v. ADGM (Part II) This is Part II of a two-part article that deals with the phenomenon of free zone arbitration in 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 Direct Involvement of the Arbitrator in the Amicable Settlement of the Dispute: Offering Preliminary Views, Discussing Settlement Options, Suggesting Solutions, Caucusing This article explores the question whether and to what…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Cherie Blair, CBE, QC, Ema Vidak-Gojkovic & Marie-Anaïs Meudic-Role, The Medium Is the Message: Establishing a System of Business and Human Rights Through Contract Law and Arbitration This article seeks to paint a picture…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Philippe Cavalieros & Janet (Hyun Jeong) Kim, Emergency Arbitrators Versus the Courts: From Concurrent Jurisdiction to Practical Considerations The 10 November 2017 Dublin International Arbitration Day, organized by Arbitration Ireland, had an entire…
Issue 35, Number 2 Jennifer Kirby, Evolution and the Discoverability of In-House Counsel Communications This article tracks a keynote speech the author gave at the 2017 conference of the Italian Arbitration Association, which was co-organized by the Italian Forum for Arbitration and ADR. Privilege rules evolve as a function of the threat parties face from…
Issue 35/1 Guilherme Rizzo Amaral, Burden of Proof and Adverse Inferences in International Arbitration: Proposal for an Inference Chart Abstract: This article addresses two subjects that are relevant to the finding of facts in international arbitration, namely, the burden of proof and the power of the arbitral tribunal to draw adverse inferences. Regarding the burden…
Issue 34/6 ARTICLES SECTION Mauro Rubino Sammartano, A Second (Quasi-Perfect?) Storm Also in Arbitration? Abstract: Many users of international arbitration, particularly in-house counsel, have repeatedly expressed concern about the lack of adequate information on arbitrators, resulting in arbitrator selection based on a vague and general reputation often informed by word of mouth or anecdotal information….
Volume 34, Issue 5 contains: Anthony C. Sinclair & Epaminontas E. Triantafilou, Specific Performance Under Commercial Contracts with Sovereign States Abstract: Awarding specific performance against a state is widely considered an affront to principles of sovereignty and non-interference. Even when permitted under the applicable law and arbitral rules, specific performance against a state may therefore…
ARTICLES SECTION Christopher R. Seppälä, Why Finland should adopt the UNCITRAL Model Law on International Commercial Arbitration Abstract: This article describes why a small country like Finland, which has excellent natural attributes as a place for arbitration (political neutrality and stability, respect for the rule of law, freedom from corruption and a central location between…
VIEWS FROM ASIA Chief Justice Sundaresh Menon, Adjudicator, Advocate, or Something in Between? Coming to Terms with the Role of the Party-appointed Arbitrator Abstract: This article analyses the role of party-appointed arbitrators in international arbitration, providing a comprehensive discussion of the challenges posed to this institution by the growth of arbitration accompanying the expansion of…
Issue 34, Volume 2 contains: Michael W. Bühler & Pierre R. Heitzmann, The 2017 ICC Expedited Rules: From Softball to Hardball? Abstract: The 2017 ICC Rules of Arbitration, in force since 1 March 2017, have adopted new provisions for expedited procedures with the objective of having final awards issued by sole arbitrators six months after…
Issue 34, Volume I ARTICLES SECTION Ank Santens & Jaroslav Kudrna, The State of Play of Enforcement of Emergency Arbitrator Decisions Abstract: The 2015 Queen Mary/White & Case International Arbitration Survey found that 79% of respondents considered the enforceability of emergency arbitrator decisions to be the most important factor influencing their choice between state courts…
The Kluwer Journal of International Arbitration (JOIA) is pleased to announce a forthcoming Special Issue on “Dispute Resolution in Asia.” This Special Issue will focus on the use of international arbitration as means of resolving cross-border disputes in Asia. Slowly but steadily, Asia has established its presence on the international arbitration world map. The main…
Prime Minister Theresa May has repeatedly said, “Brexit means Brexit.” But what does Brexit actually mean? When is Brexit going to happen? And is Brexit going to happen at all? And if it will happen, what will be the consequences for international dispute resolution? The Kluwer Journal of International Arbitration’s Special Issue on “Brexit” analyses…
Volume 33 Issue 4 ARTICLES SECTION Stephan Wilske & Chloë Edworthy, The Future of Intra-EU BITs: A Recent Development in International Investment Treaty Arbitration Against Romania And Its Potential Collateral Damage Abstract: The article explores the debate surrounding intra-EU investment treaty arbitration and the intervention of the European Commission in an investment treaty arbitration against…
