The availability and scope of ‘discovery’ or document production significantly differs across jurisdictions, most notably when comparing litigation in common law and civil law courts. In the field of…
Due process paranoia remains a live issue in international arbitration. Arbitrators can feel under pressure to fulfil their duties to give parties an opportunity to present their case whilst also…
The legal considerations arising out of climate change and environmental matters more generally have been considered extensively in the context of worldwide litigation, and, to some extent, in…
On September 10, 2019, in considering an interlocutory appeal to stay arbitration proceedings, the Espírito Santo Court of Appeals decided to grant an exception to the competence-competence principle…
The English High Court (the Court) has recently issued two judgments clarifying its approach to determining whether a decision by an arbitral tribunal is an award or a procedural order. A few months…
"Too many cooks spoil the broth" – this expression works in both personal and professional situations. Everyone can relate to this universal concept that where each of many people involved in a…
In 2018, financial services disputes accounted for the largest share of disputes referred to the London Court of International Arbitration (LCIA). With indications that the LCIA may adopt a form of…
On April 29, 2019, an ICSID annulment committee broke new ground by upholding a tribunal's order that a party post security for costs. This decision, in the case RSM Production Corp v. Saint Lucia,…
Introduction
Unilateral option clauses (also known as "asymmetric" or "one-sided" clauses) are clauses which give both parties the right to refer disputes to a particular dispute resolution forum,…
