In a marked departure from its usual closed-doors policy, the Swiss Federal Supreme Court (the "Supreme Court") recently held public deliberations in two separate appeal proceedings concerning…
Arbitration in the 21st Century requires some bold, fresh thinking. We must seek flexibility and innovation if legal civilization is to survive. Similarly, when the market speaks strongly,…
The endeavours of the ICC go beyond the definition of an arbitration institution; it is indeed one of the most important agents of cultural integration, incubator of diversity and best arbitration…
Hong Kong v. Singapore. It’s not the next big football match or title of an upcoming Japanese monster film. It’s the question of where to bring international arbitration claims in Asia. It’s a topic…
A little under ten years ago Sir Rupert Jackson proposed significant reforms to reduce the costs of litigation in England and Wales. It is fair to say that while his reforms have received both praise…
The New Year is upon us. You have a major submission that is now due and a hearing about to start in another case. How did that happen? Not to worry! To help you keep procrastinating, the Kluwer…
While the jury is still out on whether winter is coming or has already arrived regarding ISDS and investment treaties, I would rather turn to agriculture and use the metaphor of sowing the seeds and…
Commensalism of IIL Critique
While the popular criticism of investment arbitration provides fertile ground for the academic proposals for ISDS reform, the latter hardly shape the development of (…
In a decision from June 6, 2018, the Third Chamber of the Paraguayan Court of Appeal (the “Court”) decided an annulment application, recognizing that issues of illegality and corruption are…
Arbitration in Argentina is finally finding its way to certainty. On 4 July of this year, Argentina passed the International Commercial Arbitration Act, based on the UNCITRAL Model Law. Furthermore,…
