International arbitration

2025 PAW, Arbitral Appointments, Arbitrator Selection, International arbitration, Paris Arbitration Week

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The hosts of this discussion, as part of Paris Arbitration Week (“PAW”) 2025, were Alexander Leventhal (Quinn Emanuel Urquhart & Sullivan, LLP), Flavia Foz Mange (Flavia Mange Disputes), Nhu-Hoang Tran Thang (Astute Dispute Resolution), Marc Krestin (Fieldfisher), Youssef Al Saman (Zulficar & Partners) and Maria Angélica Burgos (Burgos Dispute Resolution).  Each of the hosts are…

2025 PAW, Corruption, International arbitration, Paris Arbitration Week

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As part of Day 2 of the 9th edition of Paris Arbitration Week (“PAW”) 2025, Navacelle hosted its third panel titled “Red Flags in Arbitration: Trends and Tools for Addressing Corruption”, this year partnering with Forensic Risk Alliance (“FRA”). The session gathered a distinguished group of leading legal and compliance experts to delve into the…

2025 PAW, Construction, Construction arbitration, Experts, International arbitration, Paris Arbitration Week

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During Paris Arbitration Week (“PAW”) 2025, Diales and CIArb hosted a session titled “Construction Arbitration: Instructing Delay Experts.” The discussion was opened by David Coyne (DIALES) and Jalal (Jil) El Ahdab (Bird & Bird AARPI), who set the scene with reflections on the evolving role of expert evidence in complex construction disputes. The panel featured…

English Arbitration Act, International arbitration, Reform

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Arbitration Act 1996 (“1996 Act”) marked its Silver Jubilee on 31 January 2022, followed by modifications proposed by the Law Commission to uphold its status as a landmark piece of legislation and reinforce London’s position as the premier destination for international arbitration. After review by the Law Commission, on 21 November 2023, the Arbitration Bill…

Deep Sea Mining, Dispute Resolution, Dispute Settlement, International arbitration, International tribunals, Investment protection, ITLOS, UNCLOS

, , (Transnational Economic Research Center (TELC), Law School, Martin-Luther-University Halle-Wittenberg)/ /Leave a comment

With the increasing scarcity of resources on Earth, in particular the increasing demand for the raw materials that are needed for technologies to combat climate change, legal issues relating to the exploitation of the raw materials of the deep seabed are gaining importance. Even though the United Nations Convention on the Law of the Sea…

Arbitration Proceedings, Due process, Efficiency, Fair hearing, International arbitration

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Due process provisions meant to serve as a shield against arbitrary or unequal treatment may at times be transformed into swords by abusive parties to achieve precisely the consequences that such provisions are meant to shield against. This has typically materialized by due process paranoia of the tribunals that would incentivise recalcitrant parties to file…

2024 in Review, Brazil, Brazil, International arbitration, Investment Arbitration, Latin America

(Herbert Smith Freehills), (BakerHostetler), and (Barbosa, Müssnich & Aragão Advogados – BMA)/ /Leave a comment

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…

Accountability, Anonymity of arbitrators, Apparent bias, arbitrators’ conduct, Breach of natural justice, Fair hearing, International arbitration, Scope of Confidentiality, Set aside an international arbitral award, Trust

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The judgment of the Singapore International Commercial Court (the “Court”) in DJO v DJP and others [2024] SGHC(I) 24 (“DJO”) provides helpful guidance on when an award may be set aside for breach of natural justice. While setting-aside applications do not generally succeed given the well-established principle of minimal curial intervention, the Court undoubtedly reached…

Conference, ICC, International arbitration

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On 26 September 2024, the International Chamber of Commerce (ICC) hosted the 19th ICC New York Conference on International Arbitration, which brought together over 300 participants from 40 countries to discuss critical developments in international business and arbitration.  Held in tandem with the ICC Institute Advanced Training on “The Amicable Settlement of Disputes in International…

Amendment, Arbitration Act, Caribbean, International arbitration, International Commercial Arbitration

(Attorney General's Chambers and Ministry of Legal Affairs of Guyana)/ /1 Comment

On May 17, 2024, Guyana passed the Arbitration Act 2024 (Act No. 6 of 2024) (“AA”). The AA repealed the outdated Arbitration Act, Cap 7:03, Laws of Guyana (Act No. 17 of 1916), passed more than a century ago, and makes Guyana the latest Commonwealth Caribbean country, after Trinidad and Tobago, which passed new legislation…

Arbitration, Arbitration Proceedings, Australia, Commercial Arbitration, Domestic law, Governing Law, International arbitration, UNCITRAL Model Law

(Twenty Essex and Banco Chambers) and (Banco Chambers)/ /Leave a comment

On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that proportionate liability statutes apply in arbitration. This post seeks to draw attention to critical aspects of the decision of Australia’s highest court, and suggests that, properly…

England, Execution, International arbitration, State Immunity

and (S&R Associates)/ /1 Comment

The doctrine of immunity from execution, viewed as the “last bastion of State immunity“, has traditionally shielded sovereign assets from being used to satisfy adverse arbitral awards. While municipal laws on State immunity vary, the dominant view in modern international legal practice is that a State’s consent to arbitration, whether under a treaty or a…

Enforcement, Hague Convention on Choice of Court Agreements, Hague Judgements Convention, International arbitration, Judgment, Recognition

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On 27 June 2024, the United Kingdom (“UK”) ratified the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Hague Convention” or “Convention”), with 1 July 2025 being the expected date of its entry into force in England and Wales. This blog post shall first…

ESG, Europe, International arbitration, Netherlands, Technology

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On 7 June 2024, the Dutch Arbitration Association (“DAA”) held its annual conference (the Dutch Arbitration Day “DAD”). Themed “Arbitration for the Next Generation”, this year’s edition highlighted the challenges and opportunities in future arbitral disputes faced by the next generation of arbitrators and practitioners.   Tomorrow Must be a Better Day In his keynote…

Culture, Empirical Research, Evidence, FAI, International arbitration, Language, Legal Design, Psychology

(King’s College London and 3 Verulam Buildings)/ /Leave a comment

It was around 367 BCE when Plato wrote Νόμοι (The Laws), marking the first proper consideration of arbitration as a method for resolving private disputes. This work highlighted arbitration’s cost-effectiveness, the autonomy it provides through arbitrator selection, and the expertise and impartiality of arbitrators. Fast forward to today, arbitration is increasingly embraced by the international…

Constitutional Court, Ecuador, ICSID Arbitration, International arbitration, International Investment Arbitration, Investment Arbitration, Investor-State arbitration, ISDS, Latin America, Trade and investment agreements

, , (Tadir Dispute Resolution)/ /1 Comment

The Ecuadorian government held a referendum and a public consultation on 21 April 2024. Question D of the referendum asked citizens: “Do you agree that the Ecuadorian State recognizes international arbitration as a method to resolve disputes related to investment, contractual, or commercial matters?” (free translation). The substantive proposal of the question was merely based…

IBA, International arbitration, Privilege

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In September 2021, the IBA Arbitration Committee launched a task force to assess whether uniform rules on privilege are desirable or feasible. The task force published its report in February 2024 (the “Report”). The Report concludes that uniform standards are indeed desirable, but only possible for some categories of privilege. For other categories, and as…

Apparent bias, Arbitration, Arbitration Act 1996, Arbitrator Bias, Arbitrator Challenges, Arbitrators, England, English courts, English Law, International arbitration, UK

(Peter Ashford Ltd)/ /1 Comment

In a recent judgement rendered in H1 and another v W and others [2024] EWHC 382, the English Commercial Court removed a sole arbitrator under section 24 of the English Arbitration Act 1996 (the “EEA”).  This removal was based on statements made by the arbitrator regarding the way he would treat expert witness evidence that gave rise…

Conference, Diversity, Institutional Arbitration, Institutional Rules, International arbitration, International Arbitration Procedures, International Commercial Arbitration, International Commercial Courts, LIDW 2024, Technology

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Day 3 of the London International Disputes Week (“LIDW”) featured an extensive discussion (the “Arbitral Institutions’ Congress”) by representatives of various arbitral institutions at the historic Parliament Chamber at Middle Temple co-hosted by McNair, Clyde & Co, and Osborne Clarke. The present post summarises the discussions held during the event.   Statistics and Views From…

International arbitration, LIDW 2024, Rule of Law

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The fourth day (06 June) of 2024 London International Disputes Week (“LIDW”) tackled several complex issues in arbitration. This post will provide a brief overview of two such sessions, focusing on the rule of law in arbitration and on arbitration and regulations. These sessions provide a rather useful snippet into the complex challenges faced by…

Access to Justice, Enforcement, International arbitration, LIDW 2024, Russia, Sanctions

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As part of the 2024 London International Disputes Week (“LIDW”), Kirkland & Ellis hosted an event titled “Panel Session on Sanctioned Countries”. The panel, comprised of Anna Bradshaw (Peters & Peters), James Freeman (A&O Shearman), Maya Lester KC (Brick Court Chambers), David Lorello (Covington & Burlington), Jon Newman (Kirkland & Ellis), and Dara Shagal (Pinna…

Arbitration Institutions and Rules, International arbitration, LIDW 2024, Space Arbitration, Space Economy

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As part of the London International Disputes Week 2024 International Arbitration Day, Kirkland & Ellis hosted a “Panel Session on Space – Arbitration for Low Earth Orbit Disputes and Beyond.” The panel comprised Artem Doudko (Osborne Clarke), Dr. Jan Frohloff (SRP, Germany), Oliver Grazebrook (Viasat), Rachael O’Grady (Mayer Brown), and Dr. Tanja Masson-Zwaan (Leiden University)….

Achmea, BIT, CJEU, Domestic Courts, ECT Withdrawal, Energy Charter Treaty, Europe, foreign direct investment, Foreign Investment, International arbitration, Intra-EU Investment Arbitration, Investment Arbitration

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On 25 April 2024, the European Federation for Investment Law and Arbitration (“EFILA”) held its 9th Annual Conference at Clifford Chance in Frankfurt. The conference was opened by the Chair of the Executive Board of EFILA, Mirjam van de Hel (NautaDutilh) who underscored the importance of discussing the impact of geopolitical uncertainties on international arbitration…

empirical data, Empirical Research, Enforcement, International arbitration

(The University of Kansas School of Law), (Pepperdine Caruso School of Law; Three Crowns), (Pepperdine University School of Law), and (Bocconi University)/ /1 Comment

International arbitration specialists frequently estimate that national courts give effect to about 90% of all international arbitral awards. Recently, several scholars have set out to empirically test this estimated 90% enforcement rate (see here, here, here, and here). When they ran their numbers regarding how frequently national courts give effect to awards, however, they found…