Kluwer Arbitration Blog

Kluwer Arbitration Blog

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Independent forum on international arbitration, procedure, and enforcement.

Arbitrators: Umpires or Epistemic Fact-Checkers?
NewsMay 20, 2026

Arbitrators: Umpires or Epistemic Fact-Checkers?

The article contrasts "umpire arbitrators," who remain passive, with "epistemic fact‑checkers," who actively investigate facts. Although ICC and IBA rules empower arbitrators to gather evidence, most act as umpires because big‑law counsel prefer control, tribunal chairs resist inquisitorial methods, and...

By Kluwer Arbitration Blog
Arbitrating Against a State-Owned Entity: Insights From a Mexican ICC Dispute
NewsMay 14, 2026

Arbitrating Against a State-Owned Entity: Insights From a Mexican ICC Dispute

The ICC Arbitral Tribunal ruled that Pemex breached a 2013 mixed public‑works contract with HidroCadereyta, terminating the agreement and ordering Pemex to pay MXN 72,090,952.43 (≈ $4 million) plus USD 11,413,242.39 in damages. The tribunal rejected Pemex’s claim that budget reductions constituted force majeure and...

By Kluwer Arbitration Blog
The Predictive Path of Justice: Can Prediction Markets Solve the Arbitration Efficiency Crisis?
NewsMay 12, 2026

The Predictive Path of Justice: Can Prediction Markets Solve the Arbitration Efficiency Crisis?

International arbitration is grappling with soaring costs and multi‑year timelines, prompting calls for innovative efficiency solutions. Experts propose using prediction markets—financial platforms that aggregate expert judgments through price signals—to price dispute outcomes and accelerate settlements. By allowing vetted lawyers, retired...

By Kluwer Arbitration Blog
Johannesburg Arbitration Week 2026: Can Institutional Cooperation Deliver the Next Phase of African Arbitration?
NewsMay 6, 2026

Johannesburg Arbitration Week 2026: Can Institutional Cooperation Deliver the Next Phase of African Arbitration?

Johannesburg Arbitration Week 2026 highlighted the rapid growth of arbitration in Africa, driven by sectors such as mining, energy, infrastructure and the AfCFTA‑generated cross‑border disputes. The AFSA panel debated whether the continent should rely on heightened institutional competition or pursue...

By Kluwer Arbitration Blog
The Contents of Journal of International Arbitration, Volume 43, Issue 2 (April 2026)
NewsMay 5, 2026

The Contents of Journal of International Arbitration, Volume 43, Issue 2 (April 2026)

The April 2026 issue of the Journal of International Arbitration presents seven scholarly articles covering procedural orders, arbitrator immunity, AI‑driven arbitration, mediation of just‑energy transition disputes, ethical considerations, government recognition in investor‑state cases, and enforcement of foreign awards in Iran....

By Kluwer Arbitration Blog
Interviews with Our Editors: Albert Leung and Wenny Huang of the eBRAM International Online Dispute Resolution Centre
NewsMay 4, 2026

Interviews with Our Editors: Albert Leung and Wenny Huang of the eBRAM International Online Dispute Resolution Centre

The eBRAM International Online Dispute Resolution Centre, founded in 2018 in Hong Kong, combines institutional governance with purpose‑built LawTech to deliver end‑to‑end online arbitration and mediation. Acting CEO/CTO Albert Leung and Deputy CEO Wenny Huang explain that eBRAM’s not‑for‑profit model embeds...

By Kluwer Arbitration Blog
The Contents of Revista Română De Arbitraj, Volume 19, Issue 4 (2025)
NewsMay 2, 2026

The Contents of Revista Română De Arbitraj, Volume 19, Issue 4 (2025)

The International Centre for Settlement of Investment Disputes (ICSID) reported record activity in FY2025, registering 109 new proceedings and administering 347 cases, with oil, gas and mining disputes accounting for 43% of new filings. The SCC Arbitration Institute highlighted that...

By Kluwer Arbitration Blog
The Contents of the ASA Bulletin, Volume 43, Issue 3 (2025)
NewsMay 1, 2026

The Contents of the ASA Bulletin, Volume 43, Issue 3 (2025)

The ASA’s latest bulletin highlights three major developments in Swiss arbitration. On July 1 2025 the Supplemental Swiss Rules for Trust, Estate and Foundation (TEF) Disputes came into force, offering a bespoke framework for high‑net‑worth families, trusts and foundations. The ASA User...

By Kluwer Arbitration Blog
A New Ground for Refusing Enforcement? The Interplay Between Unless Orders and the New York Convention in Singapore
NewsApr 29, 2026

A New Ground for Refusing Enforcement? The Interplay Between Unless Orders and the New York Convention in Singapore

The Singapore Court of Appeal in Wuhu Ruyi Xinbo Investment Partnership v European Topsoho upheld the breach of an "unless order" and ruled that such orders fall under Article III’s domestic procedural rules of the New York Convention, not as a refusal...

By Kluwer Arbitration Blog
The Neutral in the Machine?  Emerging Designs of Dispute Assessment in Arbitration
NewsApr 28, 2026

The Neutral in the Machine? Emerging Designs of Dispute Assessment in Arbitration

Arbitration institutions are launching early dispute assessment tools to cut costs and speed resolutions. The SCC Express offers a human‑neutral, institution‑administered, non‑binding assessment delivered within 21 days, with the option to make findings binding. In contrast, the AAA’s AI Resolution...

By Kluwer Arbitration Blog
2026 PAW: The Nexus Between Investment Arbitration and Public International Law
NewsApr 27, 2026

2026 PAW: The Nexus Between Investment Arbitration and Public International Law

Paris Arbitration Week 2026 highlighted the tightening nexus between public international law and investment arbitration across three panels. Experts debated how fundamental investor rights, such as property and fair trial, intersect with treaty‑based standards and the role of arbitrators in...

By Kluwer Arbitration Blog
2026 PAW: Affaires D’Etats Vol. 5: Getting Causation Right in Investment Disputes
NewsApr 26, 2026

2026 PAW: Affaires D’Etats Vol. 5: Getting Causation Right in Investment Disputes

Curtis, Mallet‑Prevost, Colt & Mosle hosted a webinar on causation in investor‑state disputes, featuring officials from Canada, Uganda and leading arbitration lawyers. The panel examined how claimants’ “all‑or‑nothing” DCF valuations and loss‑of‑opportunity theories strain tribunals, especially in unbuilt or chronically...

By Kluwer Arbitration Blog
2026 PAW: Construction Arbitration in Transition: Trends, Risks, and a Blueprint for Better Practice
NewsApr 25, 2026

2026 PAW: Construction Arbitration in Transition: Trends, Risks, and a Blueprint for Better Practice

Paris Arbitration Week 2026 underscored construction and infrastructure disputes as a core focus of international arbitration. Panels highlighted emerging trends such as ESG obligations, AI‑driven document management, and the geopolitical risks affecting projects in conflict‑prone regions. Istanbul Arbitration Center positioned...

By Kluwer Arbitration Blog
2026 PAW: When Technology Meets Justice
NewsApr 24, 2026

2026 PAW: When Technology Meets Justice

Paris Arbitration Week 2026 highlighted artificial intelligence as a catalyst for faster, more accessible dispute resolution. Panels underscored that AI should augment, not replace, human judgment, with party consent defining its permissible scope in arbitration. Leading institutions such as the...

By Kluwer Arbitration Blog