An ICSID tribunal found Mexico breached NAFTA's fair and equitable treatment standard through arbitrary conduct in environmental zoning and enforcement proceedings, yet awarded compensation only for proven quarrying losses while rejecting damages claims where the investor failed to establish that lawful regulatory processes would have permitted the proposed activities.

Construction delay disputes become particularly complex when employer-risk and contractor-risk events overlap, creating what is known as concurrent delay.

In recent years, mass arbitration has emerged as a novel and often controversial tool within United States (U.S.) domestic arbitration.

The United Nations Convention on Contracts for the International Sale of Goods, also known as the "Vienna Convention" (hereinafter the "CISG" or the "Convention")...

The Italian Supreme Court of Cassation has ruled for the first time that Italian companies may validly include foreign-seated arbitration clauses in their articles of association for corporate disputes.

The Milan Chamber of Arbitration (Camera Arbitrale di Milano or the "CAM") issued revised arbitration rules that entered into force on 1 March 2023 (the "CAM Arbitration Rules"), following the

Parties can always attempt to settle their dispute in an amicable manner, even if the dispute has been referred to arbitration. However, different opinions emerge regarding the arbitrators' role in the settlement process.

This note provides an overview of Montenegro's arbitration framework, exploring its legal basis, procedural aspects, and advantages.

For many parties, initiating ICC arbitration can seem like entering unfamiliar territory.

The ICC's 2025 Dispute Resolution Statistics reveal a global arbitration system operating at near-record levels, with 894 new cases and 1,869 pending matters. The data exposes evolving patterns in regional dispute resolution, expedited procedures, and institutional oversight, while highlighting persistent challenges in efficiency, diversity, and award quality that are reshaping how parties approach international commercial arbitration.

International arbitration in Hainan has gained prominence in recent years due to China's strategic development of the Province of Hainan as a free trade zone...

The United Nations Commission on International Trade Law ("UNCITRAL") is the central body within the United Nations system responsible for modernising and harmonising international trade law.

On 4 March 2026, the Supreme Court of the United Kingdom (the "Supreme Court") held in Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and Republic of Zimbabwe v Border Timbers Ltd that Spain...

Malaysia's arbitration framework has undergone significant reform with effect from 1 January 2026, when the Arbitration (Amendment) Act 2024 (the "2024 Act") entered into force and introduced substantial changes...

This note deals with the current legal framework of investor-State arbitration under the Energy Charter Treaty (the "ECT"). The landscape of the application of the ECT has become blurry...

Interpreting treaties in investment arbitration is central to resolving disputes where the applicable international instruments are often complex and open to competing readings.

Standard-essential patent disputes reveal a fundamental tension between territorial patent rights and global technology markets. While patents are enforced nationally, the standards they protect operate across borders, triggering parallel proceedings in multiple jurisdictions. FRAND arbitration offers a potentially coherent alternative by allowing parties to place international SEP portfolios before a single specialist tribunal, though questions of consent, validity, competition law and enforceability compl

Reflective losses are indirect losses, such as a decrease in the value of the shares, suffered by shareholders as a result of harm to the company in which their shares are held.

Few areas of US law are as committed to enforcing private dispute resolution as the Federal Arbitration Act ("FAA"). Since its enactment in 1925, the FAA has required courts to treat written arbitration agreements...

Security for costs has become an increasingly important procedural issue in investment arbitration. A respondent State may spend millions defending a treaty claim and, even after prevailing and obtaining a costs award, remain exposed to non-recovery where the claimant is insolvent or has few assets against which the award can be enforced. Security for costs is designed to mitigate that risk before a final costs award is rendered.