Ecuador distanced itself from the International Centre for Settlement of Investment Disputes (“ICSID") system more than a decade ago. During this period, Ecuador withdrew from all its bilateral…
On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial review of arbitration…
On 29 June 2023, the Conference focusing on "Convergence of Arbitration and Litigation", organized by the German Federal Ministry of Justice ("BMJ") and the German Arbitration Institute ("DIS") took…
Pathological clauses are not an infrequent occurrence in the arbitration world. We often see arbitration clauses which are poorly drafted and may result in rendering the clause inoperable. Being able…
Subscribers to KluwerArbitration enjoy access to the ICCA Yearbook Commercial Arbitration.
The first upload of materials for the 2023 volume of ICCA’s Yearbook Commercial Arbitration is now available…
28 U.S.C. § 1782(a) allows U.S. federal district courts to order discovery against any person or entity “found” in the U.S. “for use” in a proceeding in a “foreign or international tribunal” upon…
Investor-State dispute settlement (ISDS) has been widely criticized for being a tool in the hands of multinational companies, used to challenge domestic public policy measures even when legitimately…
A seminar on 10 November 2023 during Australian Arbitration Week discussed “Australia’s engagement in the Investor-State Dispute Settlement (ISDS) reform process”. My presentation divided successive…
A slate of recent cases reminded us how important are the doctrines of res judicata and/or collateral estoppel. Put simply, res judicata is known as claim preclusion because a judicial judgment or…
