Publications

Escalating costs, protracted processes and lack of a clear appellate mechanism are routinely reported as cause for party complaints about commercial arbitration. Meanwhile, one of arbitration’s greatest benefits is parties’ ability to consider who will serve as the decision maker for their dispute. The latter benefit – selecting the right…

‘Noise’ is the unjustified and unwanted variance in a set of judgments over comparable issues.

Together with bias, Noise is a driver of error in decision-making. As argued by the authors of the

bestseller ‘Noise: A Flaw in Human Judgment’, every set of judgments or decisions (in legal

proceedings or…

Insolvency-related claims arising from contracts containing arbitration clauses continue to culminate in intriguing cases before the England and Wales High Court (a previous post on the Blog analysed the Riverrock Securities Limited v International Bank of St Petersburg (Joint Stock Company) [2020] EWHC 2483 (Comm)). In a recent case…

2022 will be a turning point for civil justice: we are moving towards the launch of the reform of the process and the implementation of the new code of business crisis. Great attention will then be paid to alternative dispute resolution tools, which are growing thanks to government incentives and…

The counsel of today are the arbitrators of tomorrow. Yet one cannot become a great advocate, or, in due course, a great arbitrator, by watching from the sidelines. Opportunities to address a tribunal or a court are worth their weight in gold, and many young and diverse counsel have earned…

The UK enjoys a storied reputation as a global dispute resolution hub, with both its court system and its standing, particularly that of London, as a safe and attractive seat for international arbitrations widely acknowledged and celebrated.

No jurisdiction can afford to rest on its laurels though. Two recent developments…

Lorena Guzmán-Díaz & Gary J. Shaw

(Lisa Sachs, Jesse Coleman & Lise Johnson eds., 2020) (on file with authors).

Australia recently became the sixth State to ratify the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, better known as the Mauritius Convention, signaling another State’s acceptance…

The interaction between immunities and jurisdiction is complex. One lacuna is whether the international legal principle of state immunity is a rule or principle in its own right or an exception to a pre-existing jurisdiction. In the context of international arbitration disputes, this distinction is significant. States have been relying…

Diversity is a complex and intersectional issue, and while incremental progress has been made, much remains to be done. With next week’s ICC Miami Conference on International Arbitration just around the corner, Christian Albanesi, Charlene Warner, Somin Lee and Mateo Noseda of Linklaters take the opportunity to reflect upon the…

Speaking at COP26, the UK’s chief scientific adviser Sir Patrick Vallance said "[b]ehaviour change is part of this [i.e. the fight against climate change], and some of that is down to what we do as individuals and some of it is what needs to make things easier for us.  We can't…

Turkey has been a Contracting State to the New York Convention 1958. Numerous Turkish

Supreme Court’s decisions on the recognition and enforcement of foreign arbitral awards depict

the arbitration climate in Turkey as well as the distinct features of the enforcement proceedings

before the local courts. As the Convention does…

In January 2021, the Institute for Transnational Arbitration (“ITA”), the Institute for Energy Law of the Center for American and International Law (“IEL”), and the ICC International Court of Arbitration (“ICC”) held a virtual conference to discuss the latest advances in the energy sector and emerging trends in energy arbitration,…

On July 1, 2021 the World Intellectual Property Organisation (WIPO) revised its Arbitration Rules (2021 WIPO Rules). The amendments include a possibility for the parties to conduct remote hearings, an obligation to disclose third-party-funder agreements and a decrease in costs in arbitration proceedings. As elaborated below, the 2021 WIPO Rules…

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…

The articles is the second part (out of four) of a study of the concept and scope of public policy in arbitrations in which the Argentine Federal State is a part, with particular focus with regard to arbitrability and the public policy exception under the NY Convention and similar treaties…

The articles is the first part (out of four) of a study of the concept and scope of public policy in arbitrations in which the Argentine Federal State is a part, with particular focus with regard to arbitrability and the public policy exception under the NY Convention and similar treaties…