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.
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The Huge Potential of Online Dispute Resolution Greatly Underexplored
| Publish Date: 01 September 2024 -
C v D: Hong Kong in Step with the Admissibility Versus Jurisdiction Debate
Author: Prakritee Yonzon | Publish Date: 28 October 2022Although 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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“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
Author: Dana MacGrath | Publish Date: 14 June 2022On 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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Sustainability and Diversity in the Newly Virtual World of International Arbitration
Author: Maguelonne de Brugiere | Publish Date: 09 December 2020Climate 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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New York Arbitration Week Revisited: Stronger Together: Colloquy on Diversity and Perseverance
Author: Dana MacGrath | Publish Date: 04 December 2020ArbitralWomen 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…
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One Size Does Not Fit All: US Circuit Court Declines To Apply Domestic FAA Vacatur Clause to International Award
Author: Ava Borrasso FCIArb | Publish Date: 16 October 2020A 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
Author: Mark Goff | Publish Date: 01 October 2020 -
ArbitralWomen: Career Paths in Arbitration
Author: Malgorzata Mrozek | Publish Date: 16 November 2019The 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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The Intersection of Corruption in International Arbitration and Discovery Pursuant to 28 USC § 1782
Author: Ava Borrasso FCIArb | Publish Date: 18 July 2019 -
Future Profits vs Cost: When do Tribunals Consider a Damages Claim Too Speculative?
Author: Marion Lespiau | Publish Date: 03 July 2019Recently 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 | Publish Date: 18 April 2019In 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…
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U.S. Supreme Court Holds That Individualized Employer-Employee Arbitration Agreements Must Be Enforced As Written
Author: Cherine Foty | Publish Date: 29 June 2018On 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…
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U.S. District Courts Rule Consent Awards Fall Within New York Convention
Author: Ava Borrasso FCIArb | Publish Date: 06 April 2018 -
A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil
Author: Silva Zarazinski | Publish Date: 24 March 2018In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil recently revised its Civil Procedure Code (Law 13.105/2015) and its arbitration law (Law 13.129/2015). It also enacted a mediation law (Law No. 13.140/2015). These major… -
Equal Access to Information & Justice: The Huge Potential of Online Dispute Resolution Greatly Underexplored (II)
Author: Mirèze Philippe | Publish Date: 12 September 2017As mentioned in Part I, a two-day conference on “Equal Access to Information & Justice, Online Dispute Resolution”, organised by the ICC took place in Paris on 12-13 June. Over 160 lawyers, magistrates, academics, researchers, dispute resolution organisations and online dispute resolution providers, from over 30 countries and representing each…
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Equal Access to Information & Justice: The Huge Potential of Online Dispute Resolution Greatly Underexplored (I)
Author: Mirèze Philippe | Publish Date: 11 September 2017A two-day conference on “Equal Access to Information & Justice, Online Dispute Resolution”, organised by the ICC took place in Paris on 12-13 June. Over 160 lawyers, magistrates, academics, researchers, dispute resolution organisations and online dispute resolution providers, from over 30 countries and representing each continent attended. The conference was…
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Changes in the Arbitration Law: Greater Certainty for Consumers Comes with Greater Control over Arbitration in Bulgaria
Author: Velislava Hristova | Publish Date: 26 June 2017Since the end of January 2017, a new law amending and supplementing the Code of Civil Procedure became effective (the “Law”). It also provides for amendments to the International Commercial Arbitration Act (“ICAA”) and to the Consumers Protection Act (“CPA”). Below is a summary of some of the key changes… -
Possible Sources Of Disagreement Between Quantum Experts In Discount Rate Estimation: A Review Of ICSID Awards
Author: Philippe Sales | Publish Date: 12 June 2017Quantum experts often rely on the Discounted Cash Flow (DCF) approach to assess losses. The DCF approach is one of the most widely-used and accepted valuation methods, thanks in large part to its flexibility and the fact that it can be tailored to accommodate a wide array of assumptions. -
The Year 2016 for India – Of New Beginnings and Not-So-Happy Endings?
Author: Tejas Shiroor | Publish Date: 28 December 2016The last week of November 2016 was an eventful and rather paradoxical week for India. While India and Brazil successfully concluded negotiations for a new Bilateral Investment Treaty (“BIT”), the India-Netherlands BIT expired. -
Let’s Remember: In Brazil, the Civil Procedure Code is Not Automatically Applicable to Arbitral Proceedings
Author: Ana Carolina Weber | Publish Date: 05 December 2016In the last fifteen years, the use of arbitration as an alternative dispute resolution method has grown in Brazil. Not only has the arbitration law been declared constitutional, but also parties have continuously provided arbitration clauses in their contracts, and national courts have issued rulings recognizing the jurisdiction of arbitrators…