Date Author Title Publication
25/09/2020 Naimeh Masumy Online Dispute Resolution Platforms: Cybersecurity Champions in the COVID-19 Era? Time for Arbitral Institutions to Embrace ODRs
Kluwer Arbitration Blog and Young ICCA Blog
18/08/2020 Niyati Ahuja The Role of Blocking Regulations in International Arbitration: A Ground for Mandatory Rules?
In May 2018, the European Union amended its blocking regulations to counteract the extraterritorial reach of the recently re-imposed sanctions by the United States.The blocking regulations were instituted to safeguard EU citizens from the far-reaching...
American Review of International Arbitration
24/07/2020 Naimeh Masumy ECT Modernisation Perspectives: Quantum Indetermination in the Current ECT Framework – A Need to Revamp Damages Provisions in the Pursuit of Full Reparation
Kluwer Arbitration Blog
14/07/2020 Marlena Harutyunyan The International commercial chamber of the Paris Court of Appeal confirmed in its first decision that a failure to disclose by arbitrators did not lead necessarily to setting aside of the award
06/07/2020 Amy M. Stewart Best Practices for Successful Virtual Arbitration Proceedings Post COVID-19
While courts work through jury trial procedures that comply with social distancing requirements, arbitration proceedings can continue virtually with proper preparation and leadership by arbitrators.
01/07/2020 Affef BEN MANSOUR, Joséphine HAGE CHAHINE, Alexander LEVENTHAL, Amel MAKHLOUF L’influence du droit français dans la zone MENA
” Des facteurs complémentaires vont également appuyer et renforcer l’influence du droit français dans le système juridique tunisien:l’enseignement universitaire du droit tunisien par des universitaires français, dans la langue de Voltaire41 ; la recherche universitaire...
30/06/2020 Affef Ben Mansour Domestic Procedures for the Payment of Damages by States in Investment Arbitration
17/06/2020 Naimeh Masumy Narrowing the information gap in appointment process: A mission of a legal tech start-up
15/06/2020 Veronica Leokadia Dunlop Cert Granted: Revisiting Henry Schein, Inc. v. Archer and White Sales, Inc.
On June 15, 2020 the Supreme Court granted certiorari to decide “whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability...
23/05/2020 Naimeh Masumy The Arbitrability of Secondary Sanctions: A System with a Coherent Standard of Review
Kluwer Arbitration Blog
21/05/2020 Eli Cohen, Nuna Lerner Litigation risks in transitioning out of LIBOR
11/05/2020 Marlena Harutyunyan and Karim Boulmelh The Paris Court of Appeal confirms arbitrators’ application of UNIDROIT principles in the absence of a choice by the parties as a ruling in law
10/05/2020 Ava Borrasso, FCIArb Champerty Re-emerges: an Overview of Recent US Circuit Court Rulings on Third-Party Funding
IBA Litigation News
28/04/2020 Velislava Hristova The Border of Slovenia and Croatia – Where the CJEU Reached the Frontier of its Jurisdiction
Kluwer Arbitration Blog
26/04/2020 Mirèze Philippe Offline or Online? Virtual Hearings or ODR?
When we moved from snail mail to telex, and later to telefax and then to email, such changes did not create a buzz. This sudden viral outbreak may well be the triggering event that is...
08/04/2020 Naimeh Masumy The Shifting Landscape of Punitive Damages in Arbitration: Lessons Drawn from Common Law Jurisdictions,
YAR - Young Arbitration Review
08/04/2020 Lorena Guzmán-Díaz To Domestic Courts Worldwide: Here Is Why You Can Disregard the August 2018 Partial Award from The Hague, Netherlands in the Chevron-Ecuador Litigation
“To Domestic Courts Worldwide: Here is Why You Can Disregard the August 2018 Partial Award from The Hague, Netherlands in the Chevron-Ecuador Litigation” examines the Chevron-Ecuador litigation through a specific lens: It dissects and critiques...
ITA in Review
17/03/2020 Mirèze Philippe Walk the Talk – The ArbitralWomen Experience
Women in dispute resolution were a non-issue thirty years ago. No one in the business and the legal communities was concerned about their absence.  Many women and sometimes also men have invested a lot of...
Russian Arbitration Association Review
14/03/2020 Fatima Balfaqeeh The Status Quo vs. Coronavirus
The way we are currently conducting business is being challenged, and the ADR and legal community are not immune to these challenges. But I would like to pose the question, where is this challenge coming...
02/02/2020 Naimeh Masumy The Current Framework of Consolidation in Arbitration in Bosnia and Herzegovina: No Sustainability Without Reform
Kluwer Arbitration Blog
05/01/2020 Naimeh Masumy The Coming of Age of Institutional Arbitration Rules in Iran: An Analytic Overview of the ACIC Rules
Kluwer Arbitration Blog
01/01/2020 Mirèze Philippe Autant en emporte le vent…de l’arbitrage
This article was written in French. An English translation is uploaded here. It is a history about how the field of dispute resolution has evolved in the past 40 years. The author shares personal views...
Kluwer Law International
01/01/2020 Mirèze Philippe Gone with the Wind…of Arbitration
This article is the English translation of the article published in French “Autant en emporte le vent…de l’arbitrage”. It is a history about how the field of dispute resolution has evolved in the past 40...
31/12/2019 Mirèze Philippe What does it take to bring justice online?
Technology has revolutionized the world in the last century, although computation devices have existed for millennia and punched-card data processing for two centuries. After 70 years of progress in technology and telecommunications with all the...
International Journal of Online Dispute Resolution
26/11/2019 Niyati Ahuja USMCA: An Analysis of the Proposed ISDS Mechanism
The United States, Mexico, and Canada renegotiated the 25-year-old North American Free Trade Agreement (NAFTA) in 2018. As a result of these renegotiations, the parties agreed on new terms to formulate “NAFTA 2.0” or the...
Kluwer Arbitration Blog and Young ICCA Blog
07/11/2019 Niyati Ahuja Sanctions vis-à-vis Blocking Measures and the Dilemma Faced by Arbitral Tribunals: Lessons Drawn From EU Blocking Regulation and U.S Extraterritorial Sanctions
The United States announced the reinstatement of sanctions on Iran in May 2018. Following that, the EU responded by revising their Blocking Regulation (Regulation 2271/96) in August 2018. The Blocking Regulation was designed to safeguard European entities from the...
Kluwer Arbitration Blog
01/11/2019 Affef Ben Mansour Commentaries of Articles 67, 68, 69 and 70 of the Washington Convention
18/10/2019 Valentine Kerboull and Dorothy Murray 5 Elements for Chinese Companies trading into the UK (Parts 1 to 5)
Absent a retention of title clause (or any other protective clause in a contract – see Part 1 in this series, a creditor of an insolvent company has the following options: 1. A creditor should file a proof of debt in the...
09/10/2019 Naimeh Masumy Sanctions vis-à-vis Blocking Measures and the Dilemma Faced by Arbitral Tribunals
Kluwer Arbitration Blog
02/10/2019 Valentine Kerboull, Dorothy Murray, Natalie Quinlivan, James McKenzie and Edmund Northcott UK Dispute Resolution Round-Up – Q3 2019
Q3 2019: the last three months have proven to be a turbulent period in the UK, with Brexit uncertainty continuing to dominate the headlines. Our Q3 update starts with a key decision arising from the...
17/08/2019 Velislava Hristova Bulgaria: Assignment of an Arbitration Clause – Is Debtor’s Consent Required?
05/08/2019 Dorothy Murray, James McKenzie, Natalie Quinlivan and Valentine Kerboull KWM’s UK Dispute Resolution Round-Up – Q2
Q2 2019: missed the key litigation news of the last quarter?  Fear not as all you need to know is here, from jurisdiction to service, as massive class actions and parental liability suits stand pending...
01/08/2019 Linda Gerstel Stop ADR Diversity From Falling Through The Cracks: A General Counsel Checklist Manifesto , NYSBA, iNSIDE ( Spring Summer 2019)
26/07/2019 Cherine Foty The Impact of the Arab Spring on the International Arbitration Landscape
18/07/2019 Ava Borrasso FCIArb The Intersection of Corruption in International Arbitration and Discovery Pursuant to 28 USC § 1782
Kluwer Arbitration Blog