On 5 June 2025, the United States Supreme Court issued a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., resolving an important procedural question in award enforcement against foreign states and their instrumentalities. Writing for the Court, Justice Alito held that when the Foreign Sovereign Immunities Act (FSIA) applies, federal courts do not […]
International Arbitration in Mauritius
Located at the crossroads of Africa, Asia and the Middle East, Mauritius is an emerging seat of international arbitration, offering modern legislation, a pro-arbitration judiciary, global enforceability of awards and access to world-class arbitration institutions. This note explores five pillars of its arbitration landscape: its modern legal framework (Section 1), the operation of two Mauritius-based, […]
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 […]
Key Takeaways from 2024 LCIA and ICC Arbitration Statistics
The latest statistics from the London Court of International Arbitration (LCIA) and the International Chamber of Commerce (ICC) provide valuable insights into evolving trends in global dispute resolution. Both institutions continue to reflect the internationalisation of arbitration, growing involvement from emerging markets, increased attention to tribunal composition, and greater procedural efficiency in handling complex, high-value […]