SIAC’s Compendium of Arbitrator Challenge Decisions: What Succeeds, What Fails, and Why
The Singapore International Arbitration Centre (SIAC) released a Compendium of 19 redacted arbitrator challenge decisions, aiming to boost transparency while preserving confidentiality. The data show that 89.5 % of challenges were dismissed, with only two upheld, both based on structural impartiality concerns rather than procedural grievances. The Court applies a strict, fact‑based threshold, rejecting challenges that are late, speculative, or rooted in ordinary case‑management decisions. Practitioners can use the Compendium to gauge the viability of future challenges and focus on material conflicts of interest.
“Re-Arm”! Assessing the Interplay Between Arms Export Regulation and International Investment Law
The article examines how international investment agreements (IIAs) intersect with arms‑export and dual‑use technology regulations amid a global “re‑arm” push. It highlights three IIA clause types—national‑security exceptions, peace‑and‑security exceptions, and CSR/human‑rights provisions—that can influence state‑level export controls. By analyzing model...
Spain’s Ley Orgánica 1/2025: A Procedural Trap for Arbitration-Related Court Proceedings?
Spain’s Ley Orgánica 1/2025 (LO 1/2025) introduces a mandatory pre‑action negotiation step, called MASC, for all civil and commercial claims. Because annulment actions against arbitral awards are filed as civil claims under the Spanish Arbitration Act, the new rule raises the...
Ecuador’s Constitutional Court and the UAE BIT: From Conditional Acceptance to a Structural Test of ISDS
Ecuador’s Constitutional Court gave conditional approval to the Ecuador‑UAE Bilateral Investment Treaty, endorsing its ISDS mechanism only if contractual and commercial disputes are excluded. The decision follows a three‑stage constitutional review process and reflects a nuanced shift from the Court’s...
ICCA Madrid 2026: Congress Day Three Round-Up
The ICCA Madrid 2026 Congress concluded with a high‑level panel on procedural integrity, arguing that consistent, fair processes are essential to arbitration legitimacy. Speakers warned that both over‑formalism and excessive flexibility can erode confidence and raise costs. A closing keynote...
ICCA Madrid 2026: Congress Day One Round-Up
The International Council for Commercial Arbitration (ICCA) opened its 2026 Congress in Madrid with roughly 1,300 participants under the theme “International Arbitration: Local, Global or Both?”. Keynote speakers highlighted arbitration’s flexibility, while panels tackled interstate arbitration, the disruptive impact of...
2026 PAW: Concession Contracts in Times of Energy Transition: Arbitrating Complex Disputes in a Fragmented Regulatory Landscape
At Paris Arbitration Week 2026, White & Case hosted a panel on concession contracts in the energy transition, emphasizing a shift from treaty‑based protection to contractual risk allocation. Speakers highlighted Spain’s 2013 tariff reforms that generated over €1.5 bn (≈$1.6 bn) in arbitration claims and...
When Time Runs Out: Setting Aside of Delayed Arbitral Awards in India
The Indian Supreme Court in Lancor Holdings Ltd. v. Prem Kumar clarified that a delayed arbitral award is not a standalone ground for setting it aside under Section 34 of the Arbitration Act. However, if the delay undermines the award’s reasoning,...
ICCA Madrid 2026: “International Arbitration: Local, Global or Both?”
The International Council for Commercial Arbitration (ICCA) opens its 27th biennial Congress in Madrid from 13‑15 April 2026. The three‑day program, themed “International Arbitration: Local, Global or Both?”, explores how arbitration can harmonise global standards while respecting regional nuances. Highlights include panels...
Can AI-Assisted Arbitral Awards Survive Enforcement Under the New York Convention?
The American Arbitration Association‑International Centre for Dispute Resolution launched an AI‑native pilot in November 2025 that lets an algorithm draft arbitral decisions for human review. While the pilot has not yet faced a court test, the New York Convention’s enforcement framework was...
Germany Proposes Minor Reforms to Arbitration Law
On 27 January 2026 Germany’s Ministry of Justice released a draft bill to modernise its arbitration law. The proposal keeps the system largely intact but introduces minor tweaks such as relaxed formalities for arbitration agreements, allowance for virtual hearings and electronic awards,...
2026 PAW 2026: The Centenary Backbone Debate on the Ethics of Arbitrators
White & Case staged an Oxford‑style debate at Paris Arbitration Week 2026 to question whether arbitrators possess the ethical backbone required for their expanding responsibilities. A jury of four senior in‑house counsels evaluated arguments from pro‑ and anti‑motion teams, ultimately...
2026 PAW: Bridging Continents: The Turkic Region’s Growing Influence in Arbitration
The 10th Paris Arbitration Week highlighted the Turkic region’s rise as a strategic arbitration centre, with events in Azerbaijan showcasing the growing influence of Turkey, Uzbekistan, Kazakhstan and Azerbaijan. Speakers noted strong institutional frameworks such as the Istanbul Arbitration Centre...
2026 PAW: Winning the Room - How Do We Influence the Room Before We Even Speak?
Paris Arbitration Week’s 10th‑anniversary session highlighted how neuroscience reshapes advocacy. Speakers explained that the autonomic nervous system drives three states—social engagement, fight‑or‑flight, and shutdown—that directly affect a lawyer’s clarity, tone, and persuasiveness. Simple practices such as eye‑closing, breath regulation, and...
2025 Year in Review: India - Maintaining the Momentum
India’s arbitration landscape saw significant Supreme Court rulings in 2025, clarifying choice‑of‑law presumptions, the validity of enabling clauses, and the hierarchy of agreements when seats conflict. The Court affirmed tribunals’ power to join non‑signatories and limited courts to merely correcting...
2026 PAW: Decision-Making Beyond Facts and Law at the 10th ICC European Conference
Paris Arbitration Week’s 10th edition gathered 288 partners and roughly 40,000 registrants, spotlighting the growing influence of the ICC European Conference. Sessions examined how cognitive biases—especially myside bias and overconfidence—distort lawyers’ case assessments and settlement prospects. Diversity and inclusion were...
China’s Anti-Foreign Sanctions Law: A Weapon Against Arbitration or a Bark Without Bite?
China’s Anti‑Foreign Sanctions Law (AFSL) finally became operational in March 2025 when the State Council issued detailed implementation provisions. The first AFSL‑based lawsuit, filed by a Chinese ship‑component maker against a European client, was heard in Nanjing Maritime Court and...
Unusual Outcomes, Important Insights: The Chile-WOM Settlement and ISDS Practice
The Chilean government settled its ISDS dispute with Norwegian investors NC Telecom and its subsidiary WOM after the investors alleged breaches of the Chile‑Norway BIT over a 5G network project. Under the settlement, WOM paid roughly $52 million, was allowed to...
A Threat to The Kompetenz-Kompetenz Principle? The Intervention of The São Paulo Appellate Court in The Formation of The...
The São Paulo Appellate Court (TJSP) annulled the CAM B3 President’s decision appointing all arbitrators in the Vale shareholders’ arbitration, intervening before the tribunal was constituted. Vale argued a fundamental right to choose an arbitrator, while the court held the action admissible,...
The Contents of B-Arbitra, Issue 2025-2
The bi‑annual journal b‑Arbitra’s 2025‑2 edition blends doctrinal analysis with recent Belgian case law, highlighting AI regulation, arbitration agreement validity, and estoppel applications. Ole Jensen examines AI’s emerging regulatory framework, while Vermeiren, Tulkens and Hoc dissect arbitration clause issues under...
French Senate Approves Reform on Confidentiality of In-House Legal Advice: Potential Implications for Arbitration
On 14 January 2026 the French Senate passed a Bill creating a statutory confidentiality regime for in‑house legal advice. The protection applies only to communications drafted by qualified corporate counsel, purely legal in nature, addressed to management and marked as confidential, while...
Gap-Filling in Investment Protection Treaties: Dual Nationality and Treaty Silence in UNCITRAL Arbitration – A Comment on Romero V. Ecuador
Romero v. Ecuador, an ad hoc UNCITRAL arbitration, highlighted divergent approaches to treaty silence on dual nationals. The majority tribunal invoked the dominant and effective nationality doctrine to deny jurisdiction, while a dissenting arbitrator argued that, absent explicit treaty language, dual...
Bulgaria’s 2025 Arbitration Act Reform: Transparency at the Cost of Autonomy?
On 1 August 2025 Bulgaria renamed its International Commercial Arbitration Act to the Arbitration Act and introduced sweeping reforms. A new online Registry of Arbitrations, run by the Ministry of Justice, now requires every arbitration seated in Bulgaria to be registered with...
Georgian Court Recognizes DABs as a Pre-Arbitration Procedure
Georgia’s appellate courts have shifted their stance on Dispute Adjudication Boards (DABs). A 2021 decision invalidated multi‑tier dispute clauses that required a DAB before arbitration, deeming them void under Georgian law. In contrast, a 2025 ruling recognized DABs as legitimate...
The Phenomenon of Zero Damages Cases in Investment Arbitration
Investment arbitration has produced both multi‑billion mega‑awards and a growing number of zero‑damages rulings. Recent tribunals in Biwater Gauff v. Tanzania, Infinito Gold v. Costa Rica and Pawlowski v. Czech Republic refused compensation because claimants could not establish a causal...
Arbitrations in Brazil: What Do Numbers Really Say?
The 2025 edition of Selma Lemes’s arbitration report shows Brazil’s arbitral market rebounding, with new cases rising 30% to 376 annually and the average dispute value jumping 122% to BRL 202 million in 2024. International filings also climbed to 64, the highest...
Riverside Coffee V. Nicaragua: The Limits of State Responsibility Under the DR-CAFTA
On 17 October 2025 the tribunal issued its award in Riverside Coffee v. Nicaragua, finding that Nicaragua’s invocation of the essential security interests clause in Article 21.2(b) of DR‑CAFTA constituted a broad carve‑out from the treaty’s obligations. The tribunal held the clause is...
The Law Reform Outlook: Malaysia Legislates on Third-Party Funding
Malaysia’s Arbitration (Amendment) Act 2024 took effect on 1 January 2026, formally legalising third‑party funding in arbitration. The law carves out funding from the historic champerty doctrine and imposes a light‑touch disclosure regime, requiring funded parties to reveal the existence of a funder...
2025 in Review: Arbitration Award Enforcement Actions Before U.S. Courts Against African States: Guinea and Zimbabwe
In 2025 U.S. courts dismissed two high‑profile enforcement actions against African sovereigns, reinforcing the narrow scope of the Foreign Sovereign Immunities Act (FSIA). The D.C. District Court ruled in Global Voice Group SA v. Republic of Guinea that Guinea was...
2025 in Review: What Future for Intra-EU Investment Arbitration?
2025 saw a stark divergence between EU and non‑EU jurisdictions on intra‑EU investment arbitration. The German Constitutional Court and the Amsterdam Court of Appeal effectively nullified arbitration clauses and ordered termination of pending arbitrations, while the Swedish Supreme Court required...
Second Chances in Arbitration – The German Federal Court of Justice Clarifies Conditions for Remittal to the Arbitral Tribunal
The German Federal Court of Justice (BGH) clarified that § 1059(4) ZPO permits remittal to the original arbitral tribunal unless a serious, uncurable procedural defect exists. The court rejected a blanket rule that any breach of the right to be heard bars...
2025 in Review: ISDS Reforms in Review
In 2025 the UNCITRAL Working Group III intensified its ISDS reform agenda, holding three formal sessions, an inter‑sessional meeting, and two Advisory Centre operationalisation meetings. The group reviewed draft procedural and cross‑cutting provisions aimed at improving transparency, cost‑effectiveness and early dismissal...
Irreconcilable Decisions and Corruption Allegations in International Arbitration: The Paris Court of Appeal Upholds the ICC Award in KFZO
The Paris Court of Appeal refused to set aside a 2022 ICC arbitral award that ordered the Kish Free Zone Organization (KFZO) to pay €39.5 million to Flower of the East Kish Development Company and its shareholder. KFZO’s challenges – alleging...
National Security Is Not a Blank Cheque: Recent Practice Curtailed Unfettered Sanctioning Power
The use of sanctions as a foreign‑policy tool is driving a surge in investment‑treaty disputes, with publicly known ISDS claims now estimated at roughly $62 billion. Recent arbitral awards, notably Qatar Pharma, have clarified that states must demonstrate a proportional and...
Available Now: The ICCA Yearbook Commercial Arbitration, Volume L (2025)
The International Council for Commercial Arbitration (ICCA) has released Volume L, the 2025 edition of its Yearbook of Commercial Arbitration, marking the publication’s 50th anniversary. The volume, available in print and via Kluwer Arbitration, expands global coverage to over 20 jurisdictions,...
Time to Tame the Beast? Rethinking Document Production in International Arbitration
The Swiss Arbitration Association User Council issued a whitepaper titled “Taming the Beast” urging tighter limits on document production in international arbitration. It recommends redefining relevance and materiality under the IBA Rules and proposes contractual, tribunal and institutional measures to...
Editor’s Picks: Six Previously Unpublished ICC Awards in the ICCA Awards Series 2025
Six previously unpublished ICC arbitral awards have been added to the ICCA Awards Series 2025, covering topics such as non‑signatory enforcement, vague choice‑of‑law clauses, equity in arbitration, forum‑selection validity, and set‑off jurisdiction. Notably, an award bound an unsigned parent company...
2025 in Review: Pakistan
In 2025 the Kluwer Arbitration Blog published two Pakistan‑focused posts despite the Draft Arbitration Act 2024 never being promulgated, a delay linked to sweeping constitutional amendments. The articles dissected the Draft Act’s attempt to narrowly define public policy, analysed the Lahore...
Implied Choice of Law for Arbitration Agreements: Modify or Abandon Completely?
The newly revised English Arbitration Act 2025 eliminates the implied choice of law for arbitration agreements, mandating an explicit choice or defaulting to the seat’s law. This marks a departure from the established three‑step test—express choice, implied choice, then closest...
Modernising Brazilian Private International Law: Party Autonomy and Court Support for International Arbitration
Brazil’s Executive Branch has submitted a Draft General Law on Private International Law, aiming to modernize the country’s conflict‑of‑laws rules. The bill harmonises court and arbitration regimes by explicitly allowing parties to select the governing law of international contracts and...
2025 in Review: United States
International arbitration in the United States remained relatively quiet in 2025, but the Supreme Court issued a unanimous opinion that the Foreign Sovereign Immunities Act (FSIA) does not require a separate minimum‑contacts analysis for personal jurisdiction. The D.C. Circuit clarified...
The Contents of Journal of International Arbitration, Volume 42, Issue 5 (October 2025)
The October 2025 issue of the Journal of International Arbitration presents five scholarly contributions that examine pivotal developments in arbitration law. Darren Leow argues that state‑immunity questions arise only at the execution stage of ICSID awards, not during recognition. Kanishka...