On July 25, 2023, the United Nations Commission on International Trade (UNCITRAL) concluded its 56th session in Vienna, Austria. During the 56th session, UNCITRAL adopted a number of new guidelines and texts on mediation,...more
Since 1 October 2022, the Singapore International Commercial Court now has jurisdiction to hear cross-border restructuring and insolvency matters. In addition, foreign lawyers may be appointed to make submissions in...more
Similar to commercial arbitration, a large proportion of treaty-based investor-state disputes involve construction issues. In the International Centre for the Settlement of Investment Disputes’ (ICSID) 2021 Annual Report,...more
In the investor-State context, consensual alternative dispute resolution (ADR) has long been viewed as an aspirational endeavor. Where a foreign company or individual complains of mistreatment by a host State, the investor...more
With effect from 1 July 2021, the Vienna International Arbitral Centre (the VIAC) has new specialised VIAC Rules of Investment Arbitration (Vienna Investment Arbitration Rules) and the VIAC Rules of Investment Mediation. The...more
The COVID-19 pandemic, and the travel restrictions imposed in response, are already having a severe impact on the hospitality industry... In this briefing, we address key commercial disputes that could arise out of the crisis...more
The Situation: On August 7, 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation ("Mediation Convention") was signed by 46 states. Notably, the European Union and the United...more
With decorated trees, snow on the ground (and painted on the walls), coffee cups coloured red and green, and spiritual imagery regularly seen; it is a time for goodwill, festive cheer and reflection. But does this general...more
It is generally accepted that an international arbitration award is final and binding. Unlike a court judgment that can be appealed for factual and legal review, an arbitration award typically can only be challenged based on...more
It has long been the accepted norm in international arbitration that an arbitral tribunal has the jurisdiction to order interim measures relating to the subject matter of the dispute. It also has been long accepted that a...more
Many people believe that appointing an arbitrator is the most critical decision during an arbitration. In the “typical” two-party arbitration, this objective is easily met either by choosing rules that provide for direct...more
In too many transactions, the dispute resolution clause is treated as mere boilerplate. In fact, dispute resolution clauses present an opportunity for lawyers to add significant value to their clients’ transactions. Giving...more
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United...more