michaelmcilwrath

Michael McIlwrath

Articles

62 articles available

The Arab Spring transforming the societies of the Middle East has raised more than a few questions among us in-house folk about what this will mean for dispute resolution in the region. Will civil…

The goal had seemed an impossible one for many years. And then, recently, a tribunal in Berlin came close to breaking the famed barrier. Their noble effort was thwarted only by the Teutonic lapse…

One way of looking at best practices is to think of them as the opposite of doing everything on an ad hoc basis. While international arbitration’s touted flexibility can give parties and arbitrators…

British legal thinker Richard Susskind famously hypothesized in his book, End of Lawyers?,that the practice of lawyering will not actually end so much as gravitate towards extremes of “commoditized”…

A recent discussion on the OGEMID list about “elite arbitrators” prompted one participant to humorously compare the discussion to the frequent flier programs of airlines. This led to some fanciful…

In last week’s post, I mentioned how some outspoken in-house counsel have undeservedly acquired a reputation for being anti-arbitration for having advocated improvements. I tried to explain how most…

Two recent incidents reminded me of just how much, in international arbitration, impressions and even reputations can completely miss the mark. One was a discussion I recently had with a well-known…

We've been asked by Kluwer to say a few words about our new book, International Arbitration and Mediation: A Practical Guide. Before explaining what we tried to accomplish, it may be worth noting…