Articles

The treatment of dual nationals in Investor-State Dispute Settlement (ISDS) has been a contentious issue, with varying approaches adopted by tribunals and courts. Recently, French courts have weighed in on the matter, with several decisions suggesting that dual nationals may still bring claims under investment treaties, even if they possess the nationality of the host

International arbitration depends on a balance between procedural fairness and efficient case management. Tribunals must give parties a fair opportunity to present their cases while retaining sufficient control to prevent unnecessary delay. The difficulty arises when fear of a potential challenge causes tribunals to become excessively cautious in exercising their procedural powers. This tension is

Arbitration is founded on party autonomy and arbitral finality. At the enforcement stage, courts retain a limited but important key role in ensuring that their enforcement machinery is not used to give effect to outcomes that offend fundamental principles of justice and public policy. The recent decision of the Hong Kong Court of First Instance

‎The principle of party autonomy is fundamental to arbitration proceedings, allowing parties to choose various aspects of dispute resolution, including laws, forum, and procedure. However, this autonomy is not absolute and cannot be used to violate mandatory laws. Unilateral arbitration clauses, where only one party has the option to refer disputes to arbitration or litigation,

One of arbitration’s defining features is procedural flexibility. To ensure that flexibility does not descend into procedural uncertainty, parties often agree on undisputed facts at the outset of proceedings. These “Agreed Facts” narrow the issues in dispute & focus the arbitration on the real points of disagreement. But does advancing a different legal interpretation of