Artificial Intelligence (AI) is the ability of a computer or computer-controlled robot to perform tasks that are commonly associated with the intellectual processes characteristic of humans.[1] With the appearance of AI, many fear that computers will take over the work of human workers, especially in fields where a computer can actually perform better. An example […] International Arbitration ..read more

This note looks into the reality of intra-EU investment arbitration after the judgment of the Court of Justice of the European Union in Achmea. Achmea was initially referred to as a groundbreaking decision, which caused further steps to be taken to prevent intra-EU investment arbitration. However, recent decisions and judgments may call into question the […] International Arbitration ..read more

Having their origins in US litigation,[1] demonstrative exhibits have found their place in international arbitration, namely in fact-intensive arbitrations, such as construction arbitrations. Black’s Law Dictionary defines the term “demonstrative evidence” as “[p]hysical evidence that one can see and inspect (such as a model or photograph) and that, while of probative value and usually offered […] International Arbitration ..read more

International investment arbitration has emerged as a vital component of international business law, offering a specialised mechanism for resolving disputes between foreign investors and host States of investment. The enforcement of investment arbitration awards is one of the most critical aspects of the dispute resolution process. Unless the decisions reached were legally binding and effectively […] International Arbitration ..read more

Summary procedures in international arbitration mean procedures by which the arbitral tribunal determines certain points of fact or law at an early stage of the proceedings, potentially dispensing with the need for further arbitration proceedings. Summary proceedings can be a blessing to a respondent facing frivolous claims that obviously lack merit, as a successful dismissal […] International Arbitration ..read more

On 23 March 2023, Bill n° 7671/07, entitled Bill of Reform and Modernisation of Arbitration (the “Bill”), which sought to reform the arbitration law in Luxembourg, was unanimously passed in the Chamber of Deputies, Luxembourg’s legislature. The Preamble of the Bill describes the context of the reform by noting that Luxembourg’s arbitration law had not […] International Arbitration ..read more

Expedited arbitration (or fast-track arbitration) has gained traction in recent years, in response to the length and cost of traditional international arbitration. The first expedited arbitration scheme appears to have been introduced in the 1992 Arbitration Rules of the Geneva Chamber of Commerce and Industry Arbitration Rules (“CCIG”).[1] Today, most leading arbitral institutions have adopted specific […] International Arbitration ..read more

Despite the common use of bifurcation in arbitration proceedings, there are many arguments against the bifurcation of most arbitral proceedings. Bifurcation refers to the separation of issues, typically dividing the proceedings into jurisdictional or procedural phases and the merits phase, or merits and quantum phases, allowing the arbitral tribunal to address and decide on specific […] International Arbitration ..read more

Among the principles ensuring the protection of foreign investments, bilateral investment treaties (“BITs”) typically include the free transfer principle regarding the transfer of funds/returns of the investments into and out of the host State of investment. One of the primary objectives of BITs is to provide a stable and predictable legal framework that boosts the […] International Arbitration ..read more

Previously considered contrary to public policy[1], third-party funding today substantially facilitates access to justice. Many parties do not have the resources to pay for litigation or international arbitration, yet third-party funding has allowed numerous meritorious claims to succeed. Third-party funding is also often used in group litigation, where the pursuit of claims can be challenging […] International Arbitration ..read more