Despite traditionally being considered unsuitable for arbitration, recent practice evidence that the concrete lines separating antitrust disputes and arbitration have blurred. Ever since the US…
This post summarizes the International Court of Justice President Joan Donoghue’s discussion, on Delos Dispute Resolution's TagTime series, with Dr. Kabir Duggal and Amanda Lee regarding cognitive…
Introduction
An emergency by definition is a “sudden serious and dangerous event” that requires “immediate action”. For instance, shareholder A needs to prevent shareholder B from publicizing…
As Phase II negotiations of the African Continental Free Trade Area (“AfCFTA”) have been delayed due to the COVID-19 pandemic, a draft legal text of the AfCFTA Investment Protocol (“Protocol”) has…
The publication of the 60th volume of the International Arbitration Law Library Series (“IALL” or “Series”) is a remarkable anniversary. The purpose of this blog post is to offer a brief assessment…
Professor Stavros Brekoulakis has written a blog post commemorating the 60th volume of Kluwer Law International’s International Arbitration Law Library Series (“Series”), of which he and I are co-…
This report highlights the most significant arbitration related decisions of the Swiss Federal Supreme Court (the "SFSC") issued in 2020.
Tribunal’s Jurisdiction – Scope of Arbitration…
On 24 December 2020, the New Brazilian Insolvency Act (“NBIA” – a slight misnomer, as the Act is in fact an amendment to an existing statute) was published in the official Brazilian gazette. The act…
Hong Kong currently prohibits lawyers from using outcome related fee structures (“ORFSs”), including “No-Win, No-Fee” type arrangements, for arbitrations and other contentious matters. This looks set…
In the aftermath of the COVID-19 public health crisis, a seismic event in history, many of us feel as if 2020 is the year that did not happen. While it certainly was not business as usual, in a…