Kluwer Arbitration Blog - Latest News and Information
Technology Pulse
EMAIL DIGESTS
Daily
Every morning
Weekly
Tuesday recap
EMAIL DIGESTS
Daily
Every morning
Weekly
Tuesday recap
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 reasoned link between a security measure and the specific investor it affects. The European Court of Human Rights, in M.S.L., TOV v. Ukraine, reinforced that even broad security legislation must provide individualized reasoning and an effective remedy. Together, these rulings signal that sanctions are powerful but not unlimited defenses in investment arbitration.
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,...
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...
Six previously unpublished ICC arbitral awards have been added to the ICCA Awards Series 2025, covering topics such as non‑signatory enforcement, vague choice‑of‑law clauses, equity in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...
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...
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...
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...
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 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...
