Arbitration

63 articles available

The pro-enforcement presumption is now well-established in Pakistan, where the doctrine continues to be regularly tested before the Pakistani courts. This blog post analyzes the latest developments…

Traditionally, investor-state dispute settlement (“ISDS”) has not been linked to Environmental, Social, or Governance principles (“ESG”). At least not explicitly. Nevertheless, a growing number of…

Expert witness evidence plays a pivotal role in the outcome of arbitrations, particularly in construction disputes. Rarely do construction disputes turn on significant differences between the parties…

On 22 November 2023, the Brazilian Arbitration Committee (“CBAr”) and the Brazilian Association of Jurimetrics (“ABJ”) officially launched the final report on the Arbitration Observatory project (…

An arbitration agreement is an agreement to resolve disputes through arbitration. Its existence precludes disputing parties from bringing their dispute to court: see Article 3 of the Arbitration and…

The Bahrain Court of Cassation ("Court of Cassation”) recently examined the relationship between arbitration and a pre-required mediation step in its decision of 19 June 2023 in Case No. 815 of 2022…

The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international…

2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. It saw developments in investment arbitration and disputes relating to climate change, efforts to…

In this issue, Romesh Weeramantry considers whether the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT) remain fully fit for purpose, particularly in investment treaty…