International arbitration is often chosen because it offers parties a final and enforceable decision.[1] In most cases, that finality is one of its greatest advantages. However, an arbitral award is not immune from challenge.[2] Where serious misconduct has affected the proceedings, a party may be able to challenge the arbitral award before the courts of […]
Arbitration in Próspera: An Arbitration Utopia?
Arbitration is usually a creature of contract. Parties arbitrate because they have agreed to do so. Próspera ZEDE departs from that model by embedding arbitration into its legal architecture, making it the default mechanism for a significant category of disputes even when the parties’ contract is silent. It also creates two distinct tracks: a private, […]
Avoiding Pathological Arbitration Clauses: Do’s and Don’ts for In-House Counsel
Carefully crafted dispute resolution clauses are vital for facilitating transactions, yet they are often overlooked or hastily drafted during contract negotiations.[1] These defective clauses, referred to as “pathological clauses” by Frédéric Eisemann in 1974, can severely undermine parties’ intentions to resolve disputes through arbitration, potentially trapping them in challenging processes or even rendering agreements unenforceable.[2] […]
Confidentiality in International Arbitration
Traditionally, confidentiality is one of the perceived advantages of international arbitration as opposed to State court proceedings.[1] The underlying rationale behind confidentiality in international arbitration comes from the need to ensure a “dispassionate dispute resolution process” between the parties.[2] In fact, parties choose international arbitration in order to benefit from a unified, neutral, efficient, and […]
WTO Multi-Party Interim Appeal Arbitration (MPIA): Shrinking the Void?
The World Trade Organization (“WTO”) has long served as the cornerstone of the multilateral trading system, providing not only a framework for negotiating trade agreements but also a structured mechanism for resolving disputes. Central to the latter function was the WTO’s two-tier dispute settlement system, comprised of panels and the Appellate Body. However, the paralysis […]