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…
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…
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…
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…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Mees Brenninkmeijer & Fabien Gélinas, Execution Immunities and the Effect of the Arbitration Agreement The prevailing view in international legal practice is that a state does not waive its immunity from execution by…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Maxi SCHERER, Remote Hearings in International Arbitration: An Analytical Framework Remote hearings are nothing new, but the Coronavirus Disease-19 (COVID-19) crisis has forced international arbitration out of its comfort zone. Parties, counsel, and arbitrators…
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…
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…
