Arbitrator bias has the potential to rock the very foundation of international arbitration. The principle that arbitrators must be impartial and independent from the parties is fundamental and uncontroversial among arbitration users. The understanding of what constitutes bias in concrete terms, however, is still open to debate.
In recent years, “deepfakes” have on numerous occasions captured public attention by creating viral videos of public figures or celebrities sometimes acting out of character. When utilised by specialists, “deepfake” technology can render it nearly impossible with the naked eye to detect whether an image or a video is fake.
It is a trite but a true observation that the flexibility inherent to arbitration proceedings allows parties, tribunals and institutions alike to react swiftly to the challenges faced as a result of the COVID-19 pandemic, by resorting to the tools afforded by technology.
What happens after a claimant successfully obtains an arbitral award against the respondent? Where a respondent is unwilling to comply with the terms of the award, enforcement becomes necessary. This blog addresses some of the practical considerations that a claimant should consider when that happens.
In a recent opinion (not yet available in English), the Advocate General of the Court of Justice of the European Union (ECJ), General Szpunar, opined that the investor-state arbitration system under the Energy Charter Treaty (ECT) is incompatible with EU law.
Despite the fact that the now infamous Achmea judgment does not refer anywhere to the ECT, the Advocate General extended the consequences of the Achmea judgment to intra-EU ECT disputes.
Where a number of disputes arise between the same parties under different contracts or between related contracts and different parties, the courts have a number of procedural and legal mechanisms to ensure that, as much as possible, there is a “one-stop shop” for resolution of all issues at the same time. This is commonly encountered in a shipping context where a single shipment can give rise to disputes under multiple bills of lading or charterparties. However, where one or more of the contracts in a multi-contract scenario contains an arbitration clause, procedural complications can arise.
Arbitrary, illogical, absurd and irrational are powerful words, especially so when handed down by the Spanish Constitutional Court in a recent landmark ruling assessing the standard for the review of arbitral awards on public policy grounds.
The Silk Road Economic Belt and the 21st-century Maritime Silk Road Initiative (BRI) was first raised by Xi Jinping, President of the People’s Republic of China, in September 2013. The BRI is inspired by the ancient Silk Road, which is the world’s oldest and longest trade route from Asia to Europe, stretching some 4350 miles. Aside from the primary purpose of trade and commerce, it also has immense historical significance as an important facilitator of the exchange of ideas, culture and religion. Continue reading
In a ruling of November 2020, which, to date, has remained unpublished (albeit not unreported), the Dubai International Financial Centre (DIFC) Court of First Instance (DIFCCFI) pronounced the first ever anti-suit injunction over competing proceedings commenced in violation of an arbitration agreement before the onshore Dubai courts.
Security, required by employers and funders in the form of bonds or guarantees to secure a contractor’s performance, are a common feature of international construction projects. If a dispute arises under the construction contracts, it is common to see applications for interim injunctive relief to restrain demands being made on bonds or to restrain the issuing banks from paying out if one is made.
In cases where parties have agreed to arbitrate disputes, this raises the question as to the extent to which they may apply to the court for interim relief without breaching the arbitration agreement.