Yearly Archives: 2026

Author: Eric Leikin & Alexander Grimm, Freshfields Jurisdiction: Global Topics: Arbitration Generally Agreement to Arbitrate Technology   Mirroring broader developments in the world economy and society, there has been an increased focus on “Tech Disputes” in the arbitration community (see e.g. two DIS events (here and here) and GAR Live […]

Tech Disputes – A view from above: How to deal ...

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Author: Sun Young Hwang*, Geesu Lee* Jurisdiction: South Korea Topics: Climate Change Law Investment Disputes International and Transnational Law International Litigation   I. Introduction[1] South Korea stands at a critical juncture in addressing climate change. Its government has pledged to substantially cut greenhouse gas emissions and shift toward a sustainable, […]

Navigating Climate Action and ISDS Risks for South Korea

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Author: Binsy Susan*, Sambhav Sharma* Jurisdiction: India Topics: Tariffs Sanctions   Introduction   In today’s geopolitically charged global economy, imposition of tariffs and sanctions by countries is not uncommon. While the purposes may vary, including promotion of domestic economic interests, demonstration of soft power, as well as economic warfare, we […]

Tariffs, Sanctions and Cross-Border Contracts: International Arbitration Lessons from India

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Author: Mohit Mishra*, Bhavik Kaushik* Jurisdiction: India Topics: Agreement to Arbitrate Defects and Invalidity Court Decisions   Introduction “It is high time that arbitration clauses are phrased with precision and not couched in ambiguous phraseology… legal fraternity must refrain from practices resulting in a criminal wastage of judicial time.” — […]

India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure

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Author: Ashima Sharma* Jurisdiction: USA Canada United Kingdom Topics: Code of Ethics for Arbitrators Independence and Impartiality   Introduction Parties to an arbitration have traditionally been somewhat conservative when bringing challenges to arbitrator appointments, given that many arbitrators hail from an impressive and well-reputed academic or legal practice background. However, […]

Regulating Arbitrator Conduct: Interplay between Independence, Impartiality and Disclosure

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Author: Gustavo Favero Vaughn   In Arbitragem Constitucional (“Constitutional Arbitration”), published by Thomson Reuters Brazil in 2024, Georges Abboud, Francisco de Assis e Silva, and Antonio Gavazzoni – top-notch Brazilian practitioners with a great deal of experience in litigation and commercial arbitration – offer readers something still rare in Brazilian […]

Book Review – Constitutional Arbitration: When Private Jurisdiction Meets Constitutionalism

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Author: Devanshu Sajlan* Jurisdiction: United States United Kingdom India Topics: Arbitration Judicial Review / Severability Modification The Supreme Court of India’s recent judgment in Gayatri Balasamy v. ISG Novasoft Technologies Ltd., 2025 INSC 605, marks a significant development in Indian arbitration law, particularly on the scope of judicial intervention under […]

Severability and Slippage: Rethinking Judicial Modification in Gayatri Balasamy

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Author: Mees Brenninkmeijer* Jurisdiction: European Union Switzerland Belgium Topics: ECJ Contractual Expansion or Limitation of Judicial Review Recourse Against Award Generally   The recent sports-related decisions from the European Court of Justice (“the Court”) mark a watershed in the relationship between EU law and international arbitration. RFC Seraing v FIFA […]

Once Upon a Time in RFC Seraing: the EU Frontier ...

 in Blog  tagged Contractual Expansion or Limitation of Judicial Review / ECJ / Recourse Against Award Generally by