[I]t is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.
If you sought to distil […
Enforcement for some may be a chimera, an overrated factor in choosing the dispute resolution methods. Yet, efforts that have been invested in enforcement of judgments within the Hague…
Introduction
It is no longer news that Third-Party-Funding (TPF) has captured the attention of the arbitration community in recent times and has become increasingly popular even in…
The adoption of the UAE Federal Arbitration Law has kept the specialist arbitration profession in the waiting for the better part of a decade. It was finally adopted earlier this week, to the great…
This post focuses on two decisions issued by the Venezuelan Supreme Court of Justice in the Corporación LSR case. The decisions constitute an unexpected change in the approach of the Supreme Court…
Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration…
Introduction
The issues pertaining to “sovereign immunity” in international arbitration are not new. Nevertheless, several aspects remain unresolved. Sovereign immunity from execution is said…
The past few months have witnessed several momentous developments for international arbitration in Africa. Angola, Cabo Verde, and Sudan acceded to the New York Convention; South Africa adopted a new…
Part 1 of this blog argued that courts that are asked to resolve Article 8(1) Model Law disputes should adopt a deferential approach to tribunal competence under both a contextual and purposive…
A crucial issue in arbitration is determining the proper relationship between courts and the arbitration process. In addition to court challenges to preliminary jurisdictional decisions by…
