The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope - it states that it “shall apply to the recognition and enforcement of arbitral…
Five years after filing the Permanent Court of Arbitration (PCA) Case No. 2013-32 under the European Development Fund Arbitration Rules (EDF Rules), the claimant, Consta JV (an Italian contractor),…
On 5 April 2018, the Civil and Criminal Chamber of the Madrid High Court of Justice (Tribunal Superior de Justicia de Madrid, TSJM) set aside an arbitral award as contrary to public policy, because…
The cassation bench of the Supreme Court of Ethiopia, whose decisions have precedential value, in National Motors Corp. v. General Business Development case has ruled that parties’ final intention to…
Enforcement for some may be a chimera, an overrated factor in choosing the dispute resolution methods. Yet, efforts that have been invested in enforcement of judgments within the Hague Conference on…
Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration…
The importance of memorializing a settlement agreement into a consent award was recently highlighted in Transocean Offshore Gulf of Guinea Vii v. Erin Energy Corp., Case No. H-17-2623 (S.D. Tex…
Mr Daniel Kahneman is a Nobel Prize winner in Economic Sciences, and the author of the bestselling book "Thinking, Fast and Slow". His book focuses on behavioural science, and explains how cognitive…
Critics of international arbitration often express concerns about the quality of legal reasoning in arbitration, even though conventional wisdom within the international community suggests that…
