Market Intelligence

Arbitrator ethics in international arbitration are governed by multiple overlapping sources rather than a single code. This article examines how national laws, institutional rules, professional codes, and international guidelines like the IBA instruments create a complex framework of obligations. Understanding which standards apply and their consequences is essential for practitioners navigating arbitrator conduct issues.

Swiss law generally maintains a strict separation between a company's assets and those of its shareholders, but courts may exceptionally disregard this principle when it constitutes an abuse of rights. This analysis explores the legal framework and practical requirements for both piercing and reverse piercing the corporate veil in Switzerland, with particular emphasis on how these doctrines apply in debt enforcement and attachment proceedings.

Witness evidence plays a critical role in international arbitration, but what happens when a witness deliberately lies? This comprehensive analysis examines how different jurisdictions handle perjury and false testimony in arbitration proceedings, exploring the criminal liability, procedural consequences, and potential impact on arbitral awards across Switzerland, England, France, UAE, India, and Singapore.

Artificial intelligence is increasingly being used in international arbitration for legal research, document review, and drafting. However, its use becomes difficult to assess when an arbitrator turns to AI not merely to process information, but to obtain a view on a legal issue that the tribunal must decide. This article examines emerging guidance on whether arbitrators can ask AI for its opinion on legal questions and explores the boundaries between AI as a research tool and AI as a decision-maker.

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.

The EU AI Act introduces a risk-based regulatory framework for artificial intelligence systems, with particular implications for arbitration proceedings. Sixteen leading arbitral institutions have jointly challenged the European Commission's draft guidelines, arguing that regulatory obligations risk being imposed on the wrong actors in the arbitral process.