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Publications

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

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

  • Author: Marina Akchurina   |  Publish Date: 22 August 2026
    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.
  • Author: Dr. Yulia, MCIArb Levashova   |  Publish Date: 20 November 2022

    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…

  • Author: Prakritee Yonzon   |  Publish Date: 28 October 2022
    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…

  • Author: Dana MacGrath   |  Publish Date: 14 June 2022
    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…

  • Author: Fahira Brodlija   |  Publish Date: 13 September 2021

    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…

  • Author: Maguelonne de Brugiere   |  Publish Date: 09 December 2020
    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…

  • Author: Dana MacGrath   |  Publish Date: 04 December 2020

    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…

  • Author: Ava Borrasso FCIArb   |  Publish Date: 16 October 2020
    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…

  • Author: Mark Goff   |  Publish Date: 01 October 2020
    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.
  • Author: Malgorzata Mrozek   |  Publish Date: 16 November 2019
    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.

  • Author: Ava Borrasso FCIArb   |  Publish Date: 18 July 2019
    Section 1782 of Title 28 of the United States Code enables parties in foreign arbitrations to obtain US discovery to uncover evidence of corruption or bribery. Author Yasmine Lahlou examines how federal courts evaluate discovery requests under 28 U.S.C. § 1782 when allegations of illicit payments arise in international proceedings. The analysis covers jurisdictional requirements, discretionary factors, and the evidentiary impact of foreign-gathered materials on arbitral tribunals.
  • Author: Marion Lespiau   |  Publish Date: 03 July 2019
    International arbitral tribunals evaluate damages claims by balancing future lost profits against historical expenditure when claims are deemed speculative. Author Alexandra van der Meulen analyzes tribunal jurisprudence regarding the DCF method versus sunk costs, emphasizing the high evidentiary burden required to establish lost profits for early-stage or unproven projects. The analysis reviews the standards applied to assess causation, financial predictability, and valuation risk in international dispute resolution.

    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…

  • Author: Floriane Lavaud   |  Publish Date: 18 April 2019
    The Vienna Arbitration Days 2019 gathered over 200 delegates to address cognitive biases, cultural differences, damage quantification, and artificial intelligence in arbitral proceedings. Floriane Lavaud and Edna Sussman report on discussions featuring tools like Arbitrator Intelligence and mock arbitrations to enhance transparency and mitigate decision-maker subjectivity. Panels explored how national legal training, cultural frameworks, and algorithmic bias impact witness credibility, evidentiary rulings, and overall procedural fairness.

    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…

  • Author: Cherine Foty   |  Publish Date: 29 June 2018
    In Epic Systems Corp. v. Lewis, the US Supreme Court ruled that mandatory individualized employer-employee arbitration agreements with class action waivers must be enforced according to the Federal Arbitration Act. Author Cherine Foty analyzes the 5-4 decision, exploring the statutory tension between the Federal Arbitration Act and Section 7 of the National Labor Relations Act. The article evaluates the legal consequences of this ruling for employment arbitration practices and collective action waivers across US jurisdictions.

    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…

  • Author: Ava Borrasso FCIArb   |  Publish Date: 06 April 2018
    US District Courts in Transocean Offshore v. Erin Energy and Albtelecom v. UNIFI Communications ruled that arbitral consent awards recording party settlements fall within the scope of the New York Convention. Author Ava Borrasso examines these decisions, highlighting how federal judges confirmed jurisdiction under the Federal Arbitration Act despite the absence of explicit statutory language or reasoned determinations. The piece underscores the practical advantages of converting private settlements into enforceable consent awards.
  • Author: Silva Zarazinski   |  Publish Date: 24 March 2018
    Brazil established a pro-arbitration framework governed by the Brazilian Arbitration Act of 1996 and reinforced by the 2015 Civil Procedure Code for enforcing foreign arbitral awards. The analysis examines the mandatory homologation process conducted by the Superior Court of Justice, which verifies formal requirements and public policy compliance rather than reviewing the merits. This legal structure ensures alignment with the New York Convention and provides predictability for international commercial dispute resolution in Brazil.

    In 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…

  • Author: Mirèze Philippe   |  Publish Date: 12 September 2017
    The second part of the ICC Conference on Online Dispute Resolution examined ICT applications in human rights, digitised courts, public-private ODR platforms, and corporate dispute avoidance. Mirèze Philippe details presentations on human rights programs, institutional practices from ICC and CEDR, and EU consumer dispute regulations. The article emphasizes that simple online court designs, pilot projects, and public-private partnerships are crucial to making digital justice accessible.

    As 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…

  • Author: Mirèze Philippe   |  Publish Date: 11 September 2017
    The 17th International Conference on Online Dispute Resolution held at the ICC in Paris examined how technology and artificial intelligence can improve equal access to information and justice. Co-chair Mirèze Philippe highlights key contributions from global experts, including Alexis Mourre and Ethan Katsh, on transforming dispute avoidance, virtual hearings, and institutional e-case systems. The article addresses ODR ethical standards, human rights applications, and gender diversity among practitioners.

    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 continent attended. The conference was…

  • Author: Velislava Hristova   |  Publish Date: 26 June 2017
    Amendments to the Bulgarian International Commercial Arbitration Act introduced a strict prohibition on arbitrating consumer disputes to protect individual consumers. The article examines how the legislative changes invalidate consumer arbitration clauses, establish judicial oversight, and impose administrative penalties on non-compliant institutions. This regulatory overhaul ensures enhanced consumer protection while restricting the scope of arbitrable matters under Bulgarian law.

    Since 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…

  • Author: Philippe Sales   |  Publish Date: 12 June 2017
    Disagreements among valuation experts in ICSID arbitrations primarily stem from differing methodologies in calculating the Weighted Average Cost of Capital (WACC) when applying Discounted Cash Flow models. Authors Juliette Fortin and Philippe Sales analyze published ICSID awards to illustrate how experts diverge on components like equity risk premiums, country risk adjustments, and capital structure assumptions. This review highlights key technical drivers behind contrasting quantum assessments in investment treaty disputes.

    Quantum 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.

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