Arbitration

Margaret Moses (Loyola University Chicago School of Law) for Institute for Transnational Arbitration (ITA)

The Role of the IBA Guidelines on Conflicts of Interest in Arbitrator Challenges

November 23, 2017

The IBA Guidelines on Conflicts of Interest focus on when an arbitrator should disclose potential conflicts, as well as when he or she should simply not accept appointment. For the most part, they do…

Ritwik Bhattacharya (Shardul Amarchand Mangaldas & Co)

Revisiting the Chagos Decision: Search for a Rationale

November 20, 2017

In 2012, the Permanent Court of Arbitration [“PCA”] in the Chagos Decision entertained a challenge to an arbitrator’s impartiality in an inter-state arbitration between Mauritius and the United…

Danilo Ruggero Di Bella (Bottega Di Bella)

A New, BLEU-based Objection to Intra-EU Energy Charter Treaty Claims

November 19, 2017

Currently, several dozen arbitral claims have been lodged by investors from an EU Member-State against another EU Member-State based on the Energy Charter Treaty (ECT). These so-called intra-EU ECT…

Ylli Dautaj (Durham Law School), Bruno Gustafsson (Roschier Attorneys, Ltd.)

Access to Justice: Rebalancing the Third-Party Funding Equilibrium in Investment Treaty Arbitration

November 18, 2017

Third-party funding remains a hot topic in arbitration, which is understandable considering its complexity and that its accompanying issues often have major implications for arbitral procedure. This…

Claes Cronstedt, Jan Eijsbouts, Martijn Scheltema, Robert C. Thompson (Working Group on International Arbitration of Business and Human Rights), Steven Ratner (University of Michigan Law School)

International Arbitration of Business and Human Rights: A Step Forward

November 16, 2017

International arbitration is taking a giant step forward as part of the global movement to protect human rights. A drafting team, with expertise in international investment, arbitration, human rights…

Jonathan Schwarz (Temple Tax Chambers; King’s College London)

The EU Sets the Standard for International Tax Dispute Resolution

November 11, 2017

Adoption of the EU Council Directive on Tax Dispute Resolution Mechanisms in the European Union on 10 October 2017 is a milestone in international tax dispute resolution. The Directive offers a…

Patricia Nacimiento (Herbert Smith Freehills LLP), Tilmann Hertel, Catrice Gayer (Herbert Smith Freehills) for HSF Kramer

Arbitration and Money Laundering: What Are The Obligations Placed On Counsel And Arbitrators And What Risks Do They Face?

November 10, 2017

In June 2017, the Fourth European Anti-Money Laundering Directive (the "Fourth EU Directive" (EU) 2015/849) was transposed into German law. The regime was further tightened, its scope was extended…

Michael Stimakovits (Schoenherr) for Schoenherr

Collective Redress in Austria and the European Union: What's in it for arbitration?

November 8, 2017

The development of effective instruments for collective redress is a widely discussed topic among European politicians, consumer protectors, legal scholars and dispute resolution lawyers. The…

Richard Levin (Richard Levin Arbitration)

Thoughts On Making Arbitration Great Again

November 7, 2017

After the US election, it was a certainty that in my inbox every morning there was at least one, if not more, email with a discussion on the future of arbitration in our changing society today. And…