In a tribunal comprising three members, a unanimous arbitral award depicts the agreement of all members to the award. It has been argued that a single arbitrator’s bias in such a tribunal does not…
The Ontario Court of Appeal (“The Court”) has overturned the decision of an application judge who refused to set aside an arbitral award despite a finding of a reasonable apprehension of bias…
On Day 3 of the 2025 Paris Arbitration Week ("PAW"), Nyenrode University organized a comprehensive conference, hosted by Linklaters Paris, examining the future of investment arbitration in the five…
On 2 May 2024, the Paris Court of Appeal set aside an ICC award rendered on 1 September 2016 in Paris due to the existence of facts likely to cause, in the minds of the parties, a reasonable doubt as…
On 11 June 2024, the Swiss Federal Supreme Court (the “Court”) rendered another pair of decisions in the high-stakes arbitration saga Crescent Petroleum Co. International Ltd. ("Crescent") v…
On 26 July 2024, the Russian Supreme Court issued a landmark ruling (the “Ruling”) outlining a novel stance on the recognition and enforcement of foreign arbitral awards. This jurisprudential shift,…
Despite many years of hard and tireless work for the purposes of ADR promotion in Georgia, the recent attitude of the courts towards arbitration causes significant problems at the level of basic…
Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “any circumstances likely to give rise to justifiable doubt as to their impartiality and…
In 2023, Canadian courts were called to rule on a multitude of fascinating issues, including distinguishing arbitration from expert determination (Clearspring Capital Partners II v. Logistik Unicorp…
