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In a landmark ruling on July 11, 2024, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) addressed a key aspect of German arbitration law, mirroring Article 31(1) of the 1985 UNCITRAL Model Law. The Court held that the phrase “signature could not be obtained” is a sufficient justification for an omitted signature in an arbitral

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