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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals



“The Need to Detox: Not a Trend, But a Return to Self” 

In a world constantly asking us to stay online, productive, and available, we often forget that our minds, hearts, and bodies are not machines. They are ecosystems—sensitive, responsive, and in need of gentle renewal.

Detox isn’t…

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Understanding the Demeanour of a Witness During Cross-Examination

In the adversarial system of justice, cross-examination is a powerful tool used to test the truthfulness, reliability, and credibility of a witness. But beyond the spoken or written words lies another critical layer of testimony: the demeanour of the witness. Those…

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This article explores how blockchain technology and cyber contracts—particularly smart contracts—are transforming dispute resolution, while also creating new challenges. It examines the nature of smart disputes, the role of mediation and arbitration as alternative dispute resolution (ADR) tools, and the types of conflicts commonly arising from coding errors, interpretation issues…

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Provides an overview of the economic need for Caribbean countries to embrace Arbitration

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The book analyses the issue of the quotaholding in the limited liability company, a reality of central importance in the Italian economic and entrepreneurial scenario, repeatedly subject to regulatory interventions (most recently, by the so-called Capital Law, Law no. 21 of 5 March 2024).

The authors examine the general principle…

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This article provides a detailed analysis of the two recent ICSID investment arbitrations against Mexico, which have been filed under the North American Free Trade Agreement and the United States–Mexico–Canada Agreement, alleging denial of justice. The claimants argue that the actions by the Mexican judiciary violated due process rights, a…

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The article discusses several disputes involving the enforcement of demand guarantees provided by Italian contractors to public entities in European countries. Italian companies initiated precautionary proceedings in Italy to inhibit the enforcement or payment of these guarantees and counter-guarantees.

The document examines two orders from the Rome Court and one

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To a great extent, the institution of international arbitration owes its success to practitioners who promote its advantages to clients and the greater community. The professional status of these practitioners impacts the legitimacy, real and perceived, of international arbitration. When they conduct themselves fairly, they strengthen the perception of international…

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Interim relief has always been a challenge in international arbitration. Despite some legislative steps to incorporate enforcement of interim measures issued by arbitrators, a question remains: do the rules on recognition and enforcement of tribunal-ordered interim measures guarantee the principle of effective judicial protection? To answer this question, this article…

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