One purpose for anti-suit injunctions is to stop parallel proceedings, that is, to stop parties from pursuing litigation or arbitration involving the same parties and the same claims in two different…
Even when I think I know what I’m doing (be it self-confidence or self-deception), I still find checklists can be useful. Sometimes they can help validate or compare processes with others, but mostly…
At the time the General Assembly of the United Nations was deciding to include in the agenda of its fifty-sixth session the text of the Draft Articles on Responsibility of States for…
If it isn’t pleaded, you can’t consider it. That in a nutshell appears to be the holding established recently by the Singapore High Court in Kempinski Hotels SA v PT Prima International Development […
A few years ago, stabilization clauses in investment contracts became the subject of increased attention by human rights and development groups. A report on Stabilization Clauses and Human Rights,…
I am pleased to introduce Annalise Nelson as the new Assistant Editor for Kluwer Arbitration Blog. Annalise has a B.A. from Harvard College, a J.D. from University of Virginia and a Masters in Law…
Third party funding probably has its longest history in Australia, followed by the United Kingdom. The irony is that both of these are common law jurisdictions in which the legal principles of…
Confidentiality in arbitration arises through the agreement of the parties, by selecting arbitration rules with explicit provisions thereof, or under domestic statutory regulations. Few national laws…
As Roger Alford mentioned previously, New York University Law School hosted a discussion of the Chevron-Ecuador dispute on October 24th.
The event was subject to the Chatham House rules, so my notes…
Challenges are opportunities in disguise. Despite the global economic slowdown which has significantly affected developed economies, Africa, particularly Sub-Saharan Africa, has apparently shown…