AW-Kluwer Arbitration Blog
ArbitralWomen is an Affiliate of Kluwer Arbitration Blog (KAB). All articles posted on Kluwer Arbitration Blog by ArbitralWomen Members and listed below are also available here.
What Russian Courts Actually Enforce: A Practical Map of the Arbitral Award Enforcement Architecture Post-2022
Since 2022, Western counsel have assumed that enforcing foreign arbitral awards in Russia is futile. Often that is right, but it is no longer precise. Russian courts do enforce some awards and refuse others, and the pattern is not random. Drawing on decisions from 2024 to early 2026, this post maps the two screens courts actually apply, claimant profile and the institutional and geographic profile of the arbitration, and shows where enforcement still succeeds.
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New York Arbitration Week Revisited: Stronger Together: Colloquy on Diversity and Perseverance
ArbitralWomen promotes women and diversity in many different ways. We share statistics that reflect the incremental progress toward gender parity in dispute resolution. We share news about the professional achievements and qualifications of women so that the international arbitration community can more readily identify well-qualified women to serve as arbitrators, mediators, experts, and lead counsel. We pub
But reading about someone’s journey is different from hearing it live. Therefore, for New York Arbitration Week 2020, ArbitralWomen organised an event focused on the theme ‘Stronger Together: Colloquy on Diversity and Perseverance’ that featured two keynote presentations by Mélida Hodgson and Caline Mouawad, in which each…
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“I Can See Clearly Now the Rain Is Gone…” U.S. Supreme Court Definitively Holds that Section 1782 Does Not Permit Discovery Assistance from U.S. Courts for Private Foreign or International Arbitrations
On June 13, 2022, the United States Supreme Court unanimously ruled that 28 U.S.C. Section 1782 does not allow U.S. courts to grant discovery assistance for private international arbitrations. This article analyzes the decision in ZF Automotive US, Inc. v. Luxshare, Ltd., detailing how the Court limited the statute's scope to governmental adjudicative bodies. The ruling resolves a long-standing split among U.S. Circuit Courts on this issue.
On June 13, 2022, the U.S. Supreme Court issued its unanimous opinion resolving a U.S. Circuit Court split over a hotly debated issue, namely whether 28 U.S.C. § 1782 applies to private foreign or international arbitrations. In ZF Automotive US, Inc. v. Luxshare, Ltd., 596 U.S. ___ (2022), the…
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World Arbitration Update: “Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World” – Book Launch Program
The current era of emergencies, which includes climate change, environmental challenges, armed conflicts, and health crises, has a profound impact on foreign direct investment (FDI). A panel held on 27 September 2022 as part of the second edition of the World Arbitration Update (WAU) engaged with the effect of such…
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C v D: Hong Kong in Step with the Admissibility Versus Jurisdiction Debate
Prakritee Yonzon
In C v D, the Hong Kong Court of Appeal affirmed that compliance with pre-arbitration procedural requirements is a matter of admissibility rather than jurisdiction, placing the final decision within the arbitral tribunal's exclusive domain. Written by Prakritee Yonzon for AW, this article examines how this landmark ruling aligns HK with international arbitration practice. It analyzes the distinction between a claim's admissibility and tribunal jurisdiction under Section 81 of the HK Arbitration Ordinance and Article 34 of UNCITRAL Model Law.
Although the principal question in C v. D, was whether the Tribunal’s determination of a pre-arbitration procedural requirement is subject to recourse under Article 34(2)(a)(iii) or (iv) of the UNCITRAL Model Law, the case importantly also addresses the whether compliance with the pre-requisite of negotiation before arbitration was a question…
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The Missing Link in Progress to Greater Diversity – Arbitrator Intelligence 2021 Diversity Campaign
Fahira Brodlija
The missing link between good intentions and actual appointments of diverse arbitrators is the kind of information counsel and parties consider most crucial—objective feedback and data from parties and counsel regarding the arbitrators’ past rulings and decision-making. This information is what propels arbitrators off a short list and onto a…
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Sustainability and Diversity in the Newly Virtual World of International Arbitration
The transition to virtual international arbitration during the COVID-19 pandemic accelerated environmental sustainability and diversity opportunities, while exposing infrastructural disparities.Initiated through efforts like Lucy Greenwood’s Campaign for Greener Arbitrations, the shift to virtual hearings reduced travel emissions and increased inclusion for underrepresented women and regional minorities.However, full realization requires addressing energy consumption and bridging the digital divide affecting practitioners in developing regions.
Climate change and increasing calls for greater diversity in the workplace have been making headlines daily. With the onset of the COVID-19 pandemic, the world, including that of international arbitration, has turned to a virtual setting to conduct many of its operations. While this new terrain has resulted in…
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One Size Does Not Fit All: US Circuit Court Declines To Apply Domestic FAA Vacatur Clause to International Award
Ava Borrasso FCIArb
In Earth Science Tech Inc. v. Impact UA, the US Court of Appeals for the Eleventh Circuit ruled that domestic Federal Arbitration Act vacatur grounds under Section 10(a)(4) do not apply to international awards governed by the Panama or New York Conventions. Author Ava Borrasso examines how the court limited vacatur grounds exclusively to those enumerated in international conventions, rejecting domestic statutory challenges regarding tort claim arbitrability and excessive damages calculations.
A recent decision by the Eleventh Circuit Court of Appeals has reaffirmed its stance that the Federal Arbitration Act's (FAA) domestic provision on vacatur does not apply to international awards. The case in question, Earth Science Tech Inc. v. Impact UA, involved a commercial dispute between a Florida-based CBD company…
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Investigating Allegations Of Corruption In International Arbitration: Practical Considerations
Forensic accountants assisting international arbitral tribunals utilize structured investigative methodologies to substantiate or refute bribery allegations in investment disputes. Authors Mark Goff and Marion Lespiau outline practical steps for evaluating compliance, including formulating working hypotheses, conducting localized staff interviews, and scrutinizing financial records to detect indirect payment schemes. This forensic approach ensures robust evidentiary assessment when corruption is raised as a defense or jurisdictional bar.
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ArbitralWomen: Career Paths in Arbitration
Malgorzata Mrozek
ArbitralWomen highlights diverse professional development trajectories and key strategies for women advancing in the field of international dispute resolution. The piece covers career entry points, skill-building approaches, and the role of institutional initiatives in improving gender representation across arbitral appointments and counsel roles. It outlines practical advice for navigating career progression in international commercial and investment arbitration.
The conference topics reported ranged from the career paths of the panel speakers, hot topics and trends in the practitioners’ jurisdictions, career advice, and final a question and answer segment.
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