Yearly Archives: 2024

Authors: Shelal Lodhi Rajput* Jurisdiction: Russia Ukraine United Kingdom Topics: Arbitral Awards Bias In a world where borders blur and economies intertwine, the ripples of political decisions travel far beyond their points of origin. Notably, the repercussions of geopolitical tensions extend far beyond borders, infiltrating even the most sacrosanct domains of […]

Impartiality or Nationalism? Unpacking the Russian Supreme Court’s Ruling and ...

 in Blog  tagged Arbitral Awards / Bias by
Authors: Cesar Pereira C.Arb FCiarb*, Leonardo F. Souza-McMurtrie**, Lorenzo Galan*** Topics: Applicable Law International Character of Dispute Contract Interpretation Commercial Disputes States as Parties International Litigation   Introduction The 2024-2025 Vis Moot Problem highlighted an issue that is not always obvious. When governments buy goods internationally, they conclude international sales potentially […]

Government Contracts and the CISG: Frenemies?

 in Blog  tagged Applicable Law / Commercial Disputes / Contract Interpretation / International Character of Dispute / International Litigation / States as Parties by
Author: Layan Al Fatayri* Topics: ADR Artificial Intelligence Arbitration Online Arbitration  Arbitral Process Arbitrators and Arbitral Tribunals  International arbitration is a widely preferred method for resolving commercial and investment disputes due to its key advantages of neutrality, flexibility, and globally enforceable awards. It allows for an impartial forum, often outside […]

AI in International Arbitration: What Is the Big Deal?

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Author: Alexander Grimm* Topics: Arbitration Process Commercial Disputes Contract Interpretation The volume and number of M&A transactions is at a relatively low level at the moment given the global economic background that started in 2022 and still has not recovered. But better times are likely ahead at some point. Despite fewer […]

How to Limit the Risk of Overlong Post-M&A Arbitrations & ...

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Author: Urvashi Misra*, Natasha Singh** Topics: Independence and Impartiality Challenge of Arbitrators Capacity and Qualifications of Arbitrators Introduction Impartiality is one of the core principles of arbitration law, a sentiment recently echoed by the English Commercial Court in Aiteo Eastern E & P Company Limited v Shell Western Supply and Trading […]

Subject Bias – The Blurring Lines Between Practitioners and Arbitrators

 in Blog  tagged Capacity and Qualifications of Arbitrators / Challenge of Arbitrators / Independence and Impartiality by
Authors[1]: Flávio Luiz Yarshell*, Michael A. Fernández**, Gustavo Favero Vaughn*** Jurisdiction: Brazil Canada United States Topics: Discovery Specialized Arbitration International Litigation   In ZF Automotive U.S., Inc. v. Luxshare, Ltd., 596 U.S. 619 (2022), the U.S. Supreme Court resolved a circuit split regarding the availability of discovery in connection with […]

A Pathway to Obtaining Discovery in the United States in ...

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Author: Saloni Jaiswal*, Kabir Duggal** Jurisdiction: India  Topics: Arbitration Arbitral Process Practice and Procedure Mediation I. Introduction On June 3, 2024, the Government of India’s Ministry of Finance (Department of Expenditure’s Procurement Policy Division) issued an office memorandum entitled Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement […]

The Way Forward: An Analysis of India’s New Guidelines for ...

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Author: Rana Sajjad* Topics: Arbitral Process Independence and Impartiality Technology AI’s problem of control has been described as the dispassionate, almost inhumane drive to achieve the objective embedded in its algorithm. A self-driving car, for instance, does not merely need to get from point A to point B. Along the […]

Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...

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Author: Juan Perla* Jurisdiction: United States California New York Florida European Union France United Kingdom Canada Topics: Artificial Intelligence SVAMC International Character of Dispute Practice and Procedure On April 30, 2024, the Silicon Valley Arbitration and Mediation Center (SVAMC) published the first edition of its “Guidelines on the Use of […]

A Closer Look at the New SVAMC Guidelines for AI ...

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Author: Rana Sajjad*   Is institutional arbitration a solution looking for a problem in Pakistan? This question was raised at the end of the first part of this blog post. As a perennial optimist, my short answer is: most definitely not. Institutional arbitration has been designed and widely adopted around […]

If You Build It, They Will Come: The Story of ...

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Author: Marina Bertucci Ferreira* Jurisdiction: Brazil Topics: National Legislation Commercial Disputes Mining Introduction Mining is critical for the global economy. Minerals are key materials for most industrial and consumer products. Moreover, in the era of energy transition, mining assumes a pivotal role by providing “transition minerals” like lithium, nickel, and […]

Mining Arbitration in Brazil

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Author: Danilo Ruggero Di Bella* Jurisdictions: Norway Spain European Union Topics: Investment Disputes International Litigation States as Parties Diplomatic Protection Full Protection and Security Introduction One of the primary purposes of international investment law is the depoliticization of disputes concerning foreign investors and, accordingly, the avoidance of diplomatic protection. However, […]

Full Protection and Security Standard: A Loophole in Diplomatic Protection ...

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