The EU-UK Trade and Cooperation Agreement (“TCA”), concluded on 24 December 2020 and provisionally applicable since the end of the transition period on 31 December 2020, regulates the relationship of…
On 1 October 2021, the Rising Arbitrators Initiative brought together an esteemed group of arbitration practitioners for the organization’s inaugural event, which tackled due process concerns.
The…
The doctrine of separability of arbitration agreements recognises that an arbitration clause contained in a broader agreement is separate and valid despite the invalidity of the rest of the agreement…
We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:
ARTICLES
Felix DASSER, The Revised Swiss Lex Arbitri: A Story…
The Chilean Supreme Court recently issued a decision that, on its face, respects party autonomy in international arbitration. But, it could do more harm than good.
On September 14, 2020, the Chilean…
Since its creation, the Common Court of Justice and Arbitration (CCJA) has been at the forefront of promoting international arbitration in Africa, particularly with respect to creating a favourable…
Third-party funding (TPF) has come a long way from its humble beginnings at the fringes of various jurisdictions, where it was historically a tort and even a crime. Today, the doctrines of champerty…
The 2021 ICC Arbitration Rules introduce new procedures, update key provisions, and formalize the existing practices of the ICC Secretariat and the Court in order to allow for greater flexibility,…
Multi-party and multi-contract complex disputes are now ubiquitous in international arbitration practice. This is unsurprising given the increasingly complex nature of international trade and…
2020 saw important case law developments concerning the proper law of arbitration agreements, where the seat of the arbitration is in a different jurisdiction from the governing law of the main…