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The Enforceability of Unilateral Arbitration Clauses: a comparative analysis

‎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,

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When Agreed Facts Become Contested: can an arbitral award be set aside?

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

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Foreign Emergency Awards in Singapore: CVC v CVH and the primacy of natural justice

The growing use of emergency arbitration has transformed international commercial dispute resolution by enabling parties to obtain urgent interim relief before the constitution of an arbitral tribunal. While this has enhanced the effectiveness of arbitration, the value of emergency relief ultimately depends on whether national courts recognise and enforce emergency arbitral awards. In this context,

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Multi-tiered Dispute Resolution Clauses and the Binding Force of Mediation Agreements: a Dutch perspective

The enforceability of multi-tiered dispute resolution clauses has long been a contested question in international arbitration. One recurring issue is whether parties can be bound to attempt mediation before resorting to arbitration or litigation. In CSW v PPSB 22/04619 (2024), the Dutch Supreme Court delivered a significant judgment on this matter, clarifying that mediation clauses

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