Another trip around the Sun has brought a wealth of notable developments. Courts across Canada have addressed a multitude of issues, including challenges to arbitrators due to reasonable apprehension of bias (as previously discussed on this blog) or due to excess of jurisdiction (see commentary here), the distinctions between “awards” and other “decisions”, as well…
2024 marked a period of several significant developments and witnessed some “firsts” for the African arbitration community. Notwithstanding the constantly changing political climate and policies in different countries across the continent, the continued growth of arbitration in Africa remains relentless with exciting events and collaborations as well as judicial, legislative and institutional developments. These events…
In recent years, arbitration in India has continued to take significant strides – as covered in our previous posts here, here and here. In this post, we look back on the important developments in the Indian arbitration legislation and landscape over the last two years, and discuss the key takeaways looking ahead. Proposed Statutory Amendments…
2024 proved to be a pivotal year for the development of arbitration in Pakistan, driven by the government’s concerted efforts to reform Pakistan’s arbitration framework. Legislative developments therefore took the centre stage. Key developments also included important judicial decisions under the existing regime. Legislative Reform The most significant development was the unveiling of the…
In the United States, 2024 brought a collection of refinements in the country’s arbitration jurisprudence, with courts issuing decisions that reinforced federal pro-arbitration policies and clarified important procedural issues for investment and commercial arbitration. Below, we explore four pivotal cases that shaped the arbitration landscape this year—first from the U.S. Courts of Appeals, and then…
As part of the 2024 Year in Review series, this post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2024. The 2024 decisions provide welcome (and, in some case, vividly debated) clarifications on the issues of the tribunal’s jurisdiction, the arbitrator’s impartiality, the remedy of revision and the enforcement…
Continuing with the trend of previous years, 2024 saw continued development throughout the region. In Australia, we saw an influx of meaningful, pro-arbitration court decisions, in the Pacific Islands, we saw the strengthening of legal frameworks, and in New Zealand, we saw a clarification of public policy considerations. We delve into these standout developments and…
During the 2024 Olympic Games, as the public watched world-class athletes perform, international arbitration came into the spotlight. The decision of the Court of Arbitration for Sport (“CAS”) to “strip” the US gymnast, Jordan Chiles, of her Olympic bronze medal (“CAS Decision”) caused a media storm and called into question the independence and impartiality of…
Following the Blog’s established tradition, this post provides an overview of key developments in the field of arbitration in a selection of jurisdictions in Eastern Europe. This year’s highlights include significant legislative improvements, far-reaching judicial decisions from domestic courts, including the evolution of Russia’s counter-sanctions regime, and a potentially consequential ruling by the European Court…
The Middle East and North Africa (“MENA”) region entered 2024 amidst continuing political and economic instability. In spite of these challenging circumstances, the past year brought significant advancements in the international dispute resolution space—building on those already achieved in 2023. 2024 saw Abu Dhabi launch the brand new Abu Dhabi International Arbitration Centre (as discussed…
In a year marked in France by the Paris Olympics and political instability, 2024 proved to be somewhat less eventful in terms of arbitration-related developments than previous ones (see 2023, 2022, 2021, and 2020). New trends and reforms are also on the horizon. This post aims to review some of this year’s noteworthy developments. …
Despite the timid growth rate estimated at 1.9%, the lowest among all global regions, the year 2024 has been pivotal for commercial arbitration in Latin America, marked by significant legislative and institutional developments. Countries like Brazil, Argentina, Uruguay, Peru, and Costa Rica introduced reforms aimed at enhancing transparency and flexibility in arbitration practices. These changes…
This past year brought significant developments in international arbitration across East and Central Asia, shaping the region’s dispute resolution landscape. China’s latest draft amendment to its Arbitration Law introduced key reforms but was seen by many as representing a conservative shift from earlier proposals. Japan and Azerbaijan modernized their national arbitration laws to align with…
2024 appeared to be one of the busiest years for investor-State dispute settlement (“ISDS”) reform, with significant advances in the United Nations Commission on Trade Law (“UNCITRAL”) Working Group III discussions and the adoption of the modernized Energy Charter Treaty (“ECT”). This post exclusively focuses on Working Group III’s key milestones in 2024 and relevant…
The doctrine of sovereign immunity has long been a cornerstone of international law, shielding states from enforcement actions. Sovereign immunity can be subdivided in two: immunity from jurisdiction and immunity from execution. While immunity from jurisdiction means that domestic courts are prevented to hear and decide cases involving another sovereign state, immunity from execution precludes…
Latin America continues to be a hotspot for investment arbitration. In 2024, investment arbitration in Latin America saw significant activity and notable developments. In addition to seeing a steady increment in arbitration cases, 2024 witnessed important legal reforms and evolving trends that are reshaping the region’s approach to investment and investor-State dispute settlement (“ISDS”). This…
2024 has been another fruitful year for arbitration developments in the British Isles. As part of the 2024 Year in Review series, this post considers the key judicial, legislative and institutional developments in England and Wales in the past year, as well as highlights from Ireland’s arbitration landscape. Judicial Developments in England and Wales…
In 2024, the relationship between arbitration and technology continued to resemble a thriller. While integrating technology into arbitration offered the promise of new opportunities, it also introduced new layers of complexity, both in terms of procedure and in terms of disputes arising from technology itself. Arbitration-Related Technology Arbitration-related technology is ever-developing, as are the…
Following the Blog’s tradition of “year-in-review” series, this post reflects on the key arbitration developments in the Netherlands in 2024. What emerges from this review is the Netherlands’ strong arbitration-friendly culture, notably reflected in the release of the 2024 Netherlands Arbitration Institute (“NAI”) Arbitration Rules and a pro-arbitration stance in court decisions. However, a notable…
The year 2024 witnessed notable advancements in the Southeast Asian arbitration and dispute resolution landscape. Key developments included legislative reforms, initiatives to strengthen arbitration and legal frameworks, and landmark judicial decisions. Here’s a closer look at last year’s highlights. Significant Advancements in Dispute Resolution Frameworks Southeast Asian countries launched modernised arbitration laws and innovative…
