Intelligence

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.

The debate over replacing investor-State arbitration with a permanent standing investment court has moved from theory to practice, with UNCITRAL Working Group III now considering detailed draft statutes. While proponents argue that a permanent bench would reduce repeat-player incentives and improve consistency, critics warn that concentrating appointment power in States' hands, eliminating party participation in tribunal selection, and creating hierarchical appellate structures may introduce new problems of

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