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…