Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not entirely arbitration-friendly jurisdiction is “…
In a recently published decision dated 6 August 2012 (4A_119/2012), the Swiss Federal Supreme Court confirmed its own jurisprudence according to which state courts facing a jurisdictional defense…
Over the summer, I read two discussions that gave some fascinating, albeit wholly depressing statistics about women arbitrators. The first was a great discussion initiated by Lucy Greenwood of…
By Justin D'Agostino, Tracy Wu and Briana Young
The Hong Kong Court of Appeal recently awarded indemnity costs against an applicant who attempted unsuccessfully to set aside an arbitral award. In a…
A recent decision of the Brazilian Superior Court of Justice (“STJ”) has ruled, for the first time, on the issue of the concurrent jurisdiction of national courts and arbitral tribunals with respect…
“Research is formalized curiosity…” – Z. Hurston
In what follows I have tried to gather information from publicly available sources regarding some of the questions which have troubled my mind lately…
On September 27, 2012, the Netherlands Arbitration Institute’s Jong Oranje group was fortunate enough to host an event on third-party funding. Yes, a common and hot topic these days and certainly not…
A recent Australian case has resulted in a ruling that arbitration clauses, jurisdiction clauses and choice of law clauses in charter parties involving shipments to or from Australia are now…
A recent ruling of the Dubai Court of Cassation (the highest Court in the Emirate, against whose rulings there lies no further appeal) raises serious concerns as to whether the unruly horse of public…
The unique feature of Piet Sanders' character was his extraordinary focus on the future. He was never interested in resting on his laurels or talking about ‘how far we have come’. He was constantly…