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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: 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: Cherine Foty   |  Publish Date: 26 July 2019

    The Arab Spring erupted in Tunisia in December 2010 and quickly spread to Egypt, Libya, Yemen, Bahrain, and other countries of the Arab World in 2011 and 2012. As I wrote in a 2015 Kluwer Arbitration Blog post, The Evolution of Arbitration in the Arab World, the uprisings of…

  • Author: James Clanchy   |  Publish Date: 01 May 2019

    The Chartered Institute of Arbitrators’ Code of Professional and Ethical Conduct for Members which refers to the Oxford English Dictionary definition of “ethics”, states that a code of ethics provides a set of moral principles according to which one should conduct one’s affairs. Such an understanding conforms with the international…

  • Author: Cherine Foty   |  Publish Date: 31 December 2018

    In September 2018, the Ninth Circuit Court of Appeals of the United States held that a timely asserted personal jurisdiction defense would not be waived where in a related matter between similar parties one party litigated other defenses and counterclaims.


    The decision, InfoSpan Inc, Infospan (Gulf) Inc v. Emirates NBD…

  • 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: Cherine Foty   |  Publish Date: 01 July 2015
    Author Cherine Foty traces the historical development of international arbitration in the Arab World from traditional Islamic dispute resolution mechanisms like tahkeem to modern institutional frameworks. The article examines the transition from early skepticism regarding Western bias in mid-twentieth-century oil concessions to the adoption of UNCITRAL-based national laws, regional arbitration centers, and bilateral investment treaties. This historical context highlights the region's evolving role in global commercial and treaty arbitration.

    Arbitration in the Arab World is a hot topic these days. Over the past few decades the Arab World has become a region at the forefront of international arbitration expansion. With increasing numbers of commercial actors coming out of the Arab World and with regional arbitration centers being established in…

  • Author: Cherine Foty   |  Publish Date: 01 July 2015
    Arbitration in the Arab World is a hot topic these days. Over the past few decades the Arab World has become a region at the forefront of international arbitration expansion. With increasing numbers of commercial actors coming out of the Arab World and with regional arbitration centers being established in…
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