Several recent developments across the EU portend increased availability of third-party funding by parties to EU-seated arbitral proceedings, albeit within a context of regulation of that funding…
On 5 March 2024, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in Iliria S.R.L. v. Albania (“Iliria”), a case concerning a complaint under Article 6(1) of the…
Despite many years of hard and tireless work for the purposes of ADR promotion in Georgia, the recent attitude of the courts towards arbitration causes significant problems at the level of basic…
There has been a lot of talk about artificial intelligence ("AI") in international arbitration in recent years. I vividly remember when I gave the keynote speech on “International Arbitration 3.0 –…
On 25 April 2024, the European Federation for Investment Law and Arbitration (“EFILA”) held its 9th Annual Conference at Clifford Chance in Frankfurt. The conference was opened by the Chair of the…
International arbitration specialists frequently estimate that national courts give effect to about 90% of all international arbitral awards. Recently, several scholars have set out to empirically…
On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. ARB/18/13) issued an award under the Canada-Colombia…
Following our previous post on dispute resolution in carbon markets, the ICSID Tribunal in Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada, ICSID Case No. ARB/20/52 (“Koch v. Canada…
In a judgment dated 3 April 2024, the Swiss Supreme Court (the “SSC”) rejected Spain’s challenge of an arbitral award rendered in an intra-EU arbitration under the Energy Charter Treaty (the “ECT”).…
On March 11, 2024, in Swinerton Builders, Inc. v. Argonaut Insurance Company, a district court in the Ninth Circuit found a valid arbitration agreement between the contractor, Swinerton Builders, Inc…
