After the Brazilian Superior Court held that arbitrators—not courts—shall hear requests for early production of evidence in non-urgent claims covered by an arbitration agreement, several leading…
In a judicial development sending ripples through India’s arbitration community, the Delhi High Court (“Delhi HC”) on 25 July 2025, in Engineering Projects (India) Ltd. v. MSA Global LLC (“EPIL v.…
The recent amendment to the English Arbitration Act 1996 (“the Act”) to introduce a default rule for determining the governing law of an arbitration agreement marks a notable shift in international…
In its third issue of for the year, Arbitration touches on a theme that is often unspoken yet deeply influential: arbitral culture.In her Editorial to this issue, Prof. S.I Strong writes:‘Culture is…
The English Commercial Court’s decision in Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA (The “Taikoo Brilliance”) [2025] has quickly become one of the most significant recent…
The California Supreme Court’s recent opinion in Hohenshelt v. Superior Court has the potential for far reaching consequences, and specifically for international arbitration in California. While the…
In Junefield Gold v Ecuador, the Tribunal’s Majority recently issued a partial award on jurisdiction (“Award”) under Article 9(3) of the China-Ecuador BIT, finding that it has jurisdiction to…
On 1 August 2025, the Court of Justice of the European Union (“CJEU”) rendered its decision in Seraing, finding that national law conferring res judicata to Court of Arbitration for Sports (“CAS”)…
Traditionally, arbitration commentary has held that arbitrators, unlike courts, lack imperium —meaning they do not possess enforcement powers. In other words, arbitrators have never been regarded as…
The rise of social networks has provided parties with unprecedented tools to assess the impartiality and independence of arbitrators. An arbitrator’s activity on platforms such as Facebook, Twitter (…
