On March 18, 2025, the Office of the Paraguayan Presidency’s Legal Counsel submitted to the Paraguayan Arbitration and Mediation Center (the “Center”) its draft to modernize Law No. 1879/2002, the…
Arbitration in Mainland China offers many of the same advantages as arbitration in other jurisdictions, with lower costs and faster resolution. Still, foreign parties rarely choose arbitration in…
Can an arbitral tribunal revisit issues of liability after rendering an interim award in bifurcated proceedings? This was the question put to the High Court of Australia (the “Court”) in CBI…
On November 8, 2024, the Standing Committee of the 14th National People’s Congress released for public comment the draft amendment to the PRC Arbitration Law (“2024 Draft”) after its first review…
This article discusses the approach taken by the High Court of Fiji (“Court”) on the oft written about topic of whether failure to adhere to a multi-tiered dispute resolution clause is an issue of…
On a theoretical level, the ultimate source of an arbitral tribunal’s jurisdiction is the parties’ consent to refer disputes to arbitration. The source of authority of individual members of a…
The UK Law Commission recently proposed drastic reform to section 67 of the English Arbitration Act 1996 that deals with the challenge of an award on the ground of lack of substantive jurisdiction in…
Under the UNCITRAL Model Law and the laws of many ‘arbitration friendly’ jurisdictions, courts must refer a matter subject to a valid and operative arbitration agreement to arbitration if requested…
On December 20, 2022, Chile’s Supreme Court issued a ruling that has been praised by the arbitral community for its pro-arbitration stance in the face of an apparently pathological arbitration clause…
