AbstractThis article maps the future of commercial arbitration. With its decision in the Pechstein case, the European Court of Human Rights sanctioned the Swiss Federal Supreme

Court for its rather generous approach towards the Court of Arbitration for Sport and imposed human rights restrictions on arbitration proceedings. [...]

AbstractParty-appointed arbitrators are a common but controversial feature of many arbitral systems. The main point of contention is whether parties can and do use their power

to appoint one of the arbitrators in a way that undermines impartial, equal, and fair arbitration. [...]

AbstractThis article discusses how the Arbitration Bill contains a new conflict of laws rule to replace the current common law test because the latter is thought to defeat

party expectations. But the Bill also contains an exception to this new rule, for treaty-derived arbitration agreements. [...]

ABSTRACTThe involvement of foreign investors in domestic insolvency proceedings has raised complex and controversial issues in investment treaty arbitration, both procedurally

and substantively. Among the most disputed procedural questions is the legal standing and ability of insolvent foreign investors to access investment treaty arbitration. [...]

AbstractThe freedom of the parties to choose the applicable law to the merits is often presented as an important benefit of arbitrating disputes involving intellectual property

(IP). Yet, the reality is more uncertain and controversial than is commonly assumed. [...]

AbstractThe multiplication of international investment treaties provides foreign investors with a valuable network to obtain and/or maximize investment protection through investment

structuring and/or re-structuring (also known as nationality planning). When selecting the most appropriate treaty for structuring and/or re-structuring its investment, [...]

AbstractIn the recent case of CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28, the High Court of Australia, by a majority of five to two, did not follow

the approach of the English, Singapore, and Hong Kong courts in adopting the jurisdiction/admissibility distinction in determining the court’s scope of curial intervention [...]

AbstractThe Colombian Santurbán Páramo saga is a series of three arbitral proceedings initiated by Canadian companies claiming that Colombia’s actions with regard to the

protection of the Santurbán Páramo area, a high-altitude wetland ecosystem on the Colombian Andes, had negatively impacted their mining activities. [...]

AbstractThis article provides a critical analysis of the Michael Lee-Chin v Dominican Republic arbitral award, highlighting its problematic reasoning and inconsistencies. Despite

being a rare South–South investment dispute, the case demonstrates many of the same shortcomings criticized in North–South arbitrations. [...]