Previous posts have addressed advocacy techniques in arbitration (for example, see here, here, here, here, and here). This is not an attempt to summarize them, but rather to present the topic in a different light. As psychologists have long discovered, information that provides imagery and vividness has a greater impact on inferences and memory retention. This article leverages that knowledge. So, let’s dive in: imagine counsel as restaurant chefs and the arbitral tribunal as patrons. Welcome to the Arbitouille!   1. Checking for Allergies As delicious as it may be to some, a shrimp cockt ..read more

This is the third post in ICCA series of reports on the ICCA 2024 Congress (“Congress”), which took place in Hong Kong. This post reports on the events of Tuesday, 7 May 2024, the second full day of the Congress. As noted in the coverage of Day 1 of the Congress, the theme of this year’s Congress—as ICCA President Dr Stanimir Alexandrov discussed in the opening post to this series— is “International Arbitration: A Human Endeavour” with panels revolving around the issue of human experience in international arbitration.   The Advocate Moderated by Mark Friedman, the first session of the sec ..read more

This is the third post in ICCA series of reports on the ICCA 2024 Congress (“Congress”), which took place in Hong Kong. This post reports on the events of Tuesday, 7 May 2024, the second full day of the Congress. As noted in the coverage of Day 1 of the Congress, the theme of this year’s Congress—as ICCA President Dr Stanimir Alexandrov discussed in the opening post to this series— is on “International Arbitration: A Human Endeavour” with panels revolving around the issue of human experience in international arbitration.   The Advocate Moderated by Mark Friedman, the first session of the ..read more

The short answer to the title of this post is that while a few institutions have already begun to employ artificial intelligence (“AI”), most are in a wait-and-see-and-explore mode as they consider whether and how to make use of it. Most of the current institutional interest in AI is in areas that law and technology guru, Richard Susskind, describes in his book Tomorrow’s Lawyers (at pp. 39-40; see also p. 49) as efficiency initiatives, i.e., making current workflows quicker and lower in cost. As to using AI in entirely new products or services to resolve disputes, several institutions are giv ..read more

In February 2024, the Arbitration Committee of the International Bar Association (“IBA”) released a revised version of the IBA Guidelines on Conflicts of Interest in International Arbitration (the “2024 IBA Guidelines” or the “Revised Guidelines”). First published in 2004 (the “2004 IBA Guidelines”) and then revised in 2014 (the “2014 IBA Guidelines”) (collectively, the “IBA Guidelines”), the IBA Guidelines have become a go-to guide for arbitrators, counsel, and arbitral institutions in identifying conflicts of interest and assessing the need for disclosure. The Revised Guidelines are the prod ..read more

The Delhi Arbitration Week (“DAW”) 2024 that took place from 6 to 10 March 2024 featured two panel discussions that focused on emerging issues such as state owned entities (“SOEs”) and the role of technology in arbitration. The panel discussions came into play at a time when there have been significant developments and challenges globally and in India regarding SOEs and technology (discussed here and here respectively) in international arbitration. This post covers the discussions of the two panels, “The State of Arbitration – Navigating an Arbitration Involving State-Owned Entities” (“SOE Pan ..read more

The Delhi Arbitration Weekend (“DAW”) 2024 that took place from 6 to 10 March 2024 witnessed two back-to-back panels on Investor-State Dispute Settlement (“ISDS”). These sessions deliberated on the past, present and future of ISDS from an Indian and global perspective. This post captures the discussions from the two ISDS panels at the DAW titled, “Investor State Dispute Settlement (ISDS) in 2024” (“First ISDS Panel”) and “Where do We Stand: Revisiting the Investor State Dispute Settlement (ISDS) Mechanism in the Light of Today’s Economic Challenges” (“Second ISDS Panel”). The First ISDS Panel ..read more

The Delhi Arbitration Weekend (“DAW”) returned for its second edition from 6 to 10 March 2024. For the first time, the event received the patronage of the Supreme Court of India, with Chief Justice D.Y. Chandrachud, serving as one of the keynote speakers and the Patron-in-Chief for the DAW. Other keynote speakers included Justice Judith Prakash, Senior Judge, Supreme Court of Singapore, and Justice Manmohan, Acting Chief Justice of the High Court of Delhi. Spanning five days, the DAW featured training sessions catering to the needs of a diverse audience and external receptions to bring togethe ..read more

ICCA is delighted to open its 26th biennial Congress in Hong Kong today. The Congress, taking place from 5 to 8 May 2024, consists of today’s opening ceremony, followed by three full days of engaging sessions for participants and speakers. For over 60 years, ICCA has been bringing the international arbitration community together to discuss pressing issues in the field. This year, the event is hosted by the Hong Kong International Arbitration Centre, marking the second event held by ICCA here. In a discipline traditionally centered on procedural exactitude, objectivity, and rational thought, th ..read more

The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for South Asia. Experience and knowledge in international arbitration in, and related to, India is required, and broader expertise in international arbitration is a plus. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit, and review guest submissions from the designated region for posting on the Blog, while actively being involved in the coverage of the assigned region; and (2) write blo ..read more