Tribunal duties

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In a noteworthy decision, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) (Case No. I ZB 34/23, 11 July 2024 – “Decision”) addressed the German arbitration law provision mirroring…

The lack of a binding effect of a State’s right to interpret treaties has been raised as one of the reasons to reform the current Investor-State Dispute Settlement (“ISDS”) regime. The movement to…

Professor Stacie Strong has noted on this blog that "[c]ritics of international arbitration often express concerns about the quality of legal reasoning in arbitration, even though conventional wisdom…

At the end of a lengthy and complex arbitration, the tribunal issues an award that summarises the evidence and submissions of both parties, and concludes with a single paragraph which states, "For…