The conference on “Arbitration and Mediation in Industrial Property,” during Paris Arbitration Week (“PAW”) 2025, brought together legal scholars, judges, arbitrators, and mediators to explore how alternative dispute resolution (“ADR”) is reshaping the landscape of industrial property. The first panel focused on this transformation, while the second delved into the launch of the
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Vento Creates a Rule: If a Reasonable Apprehension of Bias is Established, an Award Must be Set Aside
The Ontario Court of Appeal (“The Court”) has overturned the decision of an application judge who refused to set aside an arbitral award despite a finding of a reasonable apprehension of bias concerning one of the arbitrators. In doing so, the Court stated that when the objective test for bias is met, regarding even one…
A Local Remedies Pitfall Avoided—for Now: Key Takeaways from Honduras Próspera Inc. v. Honduras
On February 26, 2025, the Tribunal in Honduras Próspera Inc., et al. v. Republic of Honduras rejected an unprecedented attempt to dismiss investment treaty claims for failure to exhaust local remedies. While respondent states have often contended that claimants should have pursued local remedies for one reason or another, Honduras advanced a novel argument in…
2025 PAW: Transatlantic Views on Med-Arb/Arb-Med—Convergence or Chasm?
By Site Admin
As part of the 9th edition of the Paris Arbitration Week (“PAW”), the Dutch Arbitration Association (“DAA”) and the International Centre for Dispute Resolution (“ICDR”), co-organised an event entitled “Transatlantic Views on Med-Arb/Arb-Med: Convergence or Chasm?”
The panel was moderated by Marcio Vasconcellos (King & Spalding LLP), and composed of Vanessa Alarcon Duvanel (King &…
2025 PAW: Too Much or Too Little? Advantages, Disadvantages, and Alternatives Concerning the Amount of Information Available When Advocating a Damages Claim
Paris Arbitration Week 2025 featured a discussion on the complexities and possible answers to defending a damages claim when there is a lack or an excess of information on which to base the claim. The event, hosted by Oxera Consulting LLP, brought together the perspectives of professionals from different areas of expertise. Hannah Eckhoff…
Deep-Sea Mining: A New Frontier for Investment Arbitration
As the world races toward a greener future, demand for critical materials is surging. In this high-stakes hunt for resources, the deep seabed beyond national jurisdiction (the “Area”) is increasingly seen as the next “El Dorado”. However, regulations governing its exploitation have yet to be finalized due to mounting environmental concerns, which prompted several…
Asymmetrical Arbitration Clauses: A Perspective from Dubai
Unilateral arbitration clauses (also referred to as asymmetrical arbitration clauses) have been the subject of considerable debate as they typically involve granting one party the right to choose between litigation and arbitration, while restricting the other party to one forum (as discussed here). As such, asymmetrical arbitration clauses create tension between the principles of…
What to Do if Two Arbitrators Have Been Appointed in Another Arbitration?
Reform of French Arbitration Law: Proposals, Controversies and a (Swift) Way Forward
By Site Admin
In line with the global movement of reform in Europe (see previous posts on recent reforms in the UK, Germany, Luxembourg, Italy, Greece and Switzerland) and worldwide (e.g. China or Nepal), France also initiated in late 2024 the process of reforming its 14 years old arbitration law (discussed here…