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.
The Huge Potential of Online Dispute Resolution Greatly Underexplored
| Published on: 01 September 2024
C v D: Hong Kong in Step with the Admissibility Versus Jurisdiction Debate
Author: Prakritee Yonzon | Published on: 28 October 2022
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…
Sustainability and Diversity in the Newly Virtual World of International Arbitration
Author: Maguelonne de Brugiere | Published on: 09 December 2020
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…
One Size Does Not Fit All: US Circuit Court Declines To Apply Domestic FAA Vacatur Clause to International Award
Author: Ava Borrasso FCIArb | Published on: 16 October 2020
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…
Investigating Allegations Of Corruption In International Arbitration: Practical Considerations
Author: Mark Goff | Published on: 01 October 2020
ArbitralWomen: Career Paths in Arbitration
Author: Malgorzata Mrozek | Published on: 16 November 2019
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.
The Intersection of Corruption in International Arbitration and Discovery Pursuant to 28 USC § 1782
Author: Ava Borrasso FCIArb | Published on: 18 July 2019
Future Profits vs Cost: When do Tribunals Consider a Damages Claim Too Speculative?
Author: Marion Lespiau | Published on: 03 July 2019
Recently published arbitral awards provide insight into Tribunals’ reasoning when the quantum of a claim is challenged for being too uncertain or speculative. Typically, Claimants will not only claim costs incurred up to the date of the breach or expropriation, but they will also claim compensation for future profits in…
Vienna Arbitration Days: How to Deal with Biases and Cultural Differences and Other Practical Issues
Author: Floriane Lavaud | Published on: 18 April 2019
In the beautiful surroundings of the Palais Niederosterreicher, the 200+ delegates at Vienna Arbitration Days (VAD) 2019 were warmly welcomed by members of the Organising Committee, representing ArbAut, VIAC, AYIA (the Austrian Yearbook of International Arbitration), ICC Austria, YAAP (Young Austrian Arbitration Practitioners), and UNCITRAL. Anna Joubin-Bret, UNCITRAL’s Secretary, provided…
U.S. Supreme Court Holds That Individualized Employer-Employee Arbitration Agreements Must Be Enforced As Written
Author: Cherine Foti | Published on: 29 June 2018
On May 21st, 2018, the Supreme Court of the United States in Epic Systems Corp. v. Lewis (“Epic Systems”) held in a 5-4 majority that one-on-one mandatory arbitration agreements imposed by employers upon their employees must be enforced as written in accordance with the Federal Arbitration Act (“FAA”). The…