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Publications

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

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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…