Publications
ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals
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Domestic Procedures for the Payment of Damages by States in Investment Arbitration
Author: Affef Ben Mansour | Publish Date: 21 July 2020 -
The International commercial chamber of the Paris Court of Appeal confirmed in its first decision that a failure to disclose by arbitrators did not lead necessarily to setting aside of the award
Author: Marlena Harutyunyan | Publish Date: 18 July 2020 -
5 Elements for Chinese Companies trading into the UK (Parts 1 to 5)
Author: Dorothy Murray | Publish Date: 13 July 2020Absent a retention of title clause (or any other protective clause in a contract see Part 1 in this series, a creditor of an insolvent company has the following options: 1. A creditor should file a proof of debt in the insolvency process, supported by evidence such as… -
KWMs UK Dispute Resolution Round-Up Q2
Author: Dorothy Murray | Publish Date: 13 July 2020Q2 2019: missed the key litigation news of the last quarter? Fear not as all you need to know is here, from jurisdiction to service, as massive class actions and parental liability suits stand pending in the English Courts, UWOs turn out to have multiple use cases and arbitration awards
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KWMs UK Dispute Resolution Round-Up Q2
Author: Dorothy Murray | Publish Date: 13 July 2020Q1 2019: the English Courts attempt to create some certainty for businesses by robustly upholding orthodox common law principles, while Brexit chaos continues. In other news, the SFO and the FBI face set-backs in the English Courts. Welcome to our round up of 10 key decisions and developments from the… -
UK Dispute Resolution Round-Up - Q3 2019
Author: Dorothy Murray | Publish Date: 13 July 2020Q3 2019: the last three months have proven to be a turbulent period in the UK, with Brexit uncertainty continuing to dominate the headlines. Our Q3 update starts with a key decision arising from the Brexit saga: the Supreme Courts historic ruling regarding the prorogation of Parliament, also our top… -
Portugal joins the CISG
Author: Ana Coimbra Trigo | Publish Date: 07 July 2020in Conflict of Laws Blog
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Best Practices for Successful Virtual Arbitration Proceedings Post COVID-19
Author: Amy Stewart | Publish Date: 06 July 2020While courts work through jury trial procedures that comply with social distancing requirements, arbitration proceedings can continue virtually with proper preparation and leadership by arbitrators. -
The LCIA 2019 Annual Report: An Analysis of the Developments in International Arbitration
Author: Ana Coimbra Trigo | Publish Date: 30 June 2020 -
Cert Granted: Revisiting Henry Schein, Inc. v. Archer and White Sales, Inc.
Author: Veronica Dunlop | Publish Date: 15 June 2020On June 15, 2020 the Supreme Court granted certiorari to decide whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator. Although the Court has narrowed the issue to address only whether the… -
Champerty Re-emerges: an Overview of Recent US Circuit Court Rulings on Third-Party Funding
Author: Ava Borrasso | Publish Date: 12 June 2020 -
Investment Treaty Arbitration - Dual Nationals Are Now Welcome: A Way out of ICSID's Dual Nationality Exclusion
Author: Eva Paloma Treves | Publish Date: 09 June 2020 -
Tecnimont v. Avax: The return of procedural estoppel
Author: Eva Paloma Treves | Publish Date: 09 June 2020 -
Commentaries of Articles 67, 68, 69 and 70 of the Washington Convention
Author: Affef Ben Mansour | Publish Date: 31 May 2020 -
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The Paris Court of Appeal confirms arbitrators application of UNIDROIT principles in the absence of a choice by the parties as a ruling in law
Author: Karim Boulmelh | Publish Date: 26 May 2020 -
To Domestic Courts Worldwide: Here Is Why You Can Disregard the August 2018 Partial Award from The Hague, Netherlands in the Chevron-Ecuador Litigation
Author: Lorena Guzmán-Díaz | Publish Date: 22 May 2020"To Domestic Courts Worldwide: Here is Why You Can Disregard the August 2018 Partial Award from The Hague, Netherlands in the Chevron-Ecuador Litigation" examines the Chevron-Ecuador litigation through a specific lens: It dissects and critiques a partial award rendered by an international tribunal at the Permanent Court of Arbitration on…
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The Shifting Landscape of Punitive Damages in Arbitration: Lessons Drawn from Common Law Jurisdictions,
Author: naimeh masumy | Publish Date: 20 May 2020 -
New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment Arbitration?
Author: Aleksandra Zanowska | Publish Date: 19 May 2020On 5 May 2020, twenty three Member States of the European Union concluded the Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union (“Agreement”). This Agreement is perceived by its signatories and the European Commission as an implementation of the Achmea…
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Legal and Practical Aspects of Virtual Hearings During (and After?) the Pandemic: Takeaway From the SCC Online Seminar Series
Author: Velislava Hristova | Publish Date: 16 May 2020