The Indus Waters Treaty arbitration has become one of the most significant treaty arbitration developments of 2026. It is no longer only about dams, rivers or hydropower. It is a test of whether a State can put a treaty “in abeyance”, refuse to participate in arbitration and still avoid the legal consequences of an arbitral […]
The CEPANI 2026 Arbitration Rules
The Belgian Centre for Arbitration and Mediation (“CEPANI”) has adopted revised Arbitration Rules, which will enter into force on 1 June 2026 (“2026 CEPANI Arbitration Rules”). CEPANI states that the revision is intended to provide users with a more “modern, clear, and efficient” dispute resolution mechanism, with a particular focus on digitalisation, multiparty proceedings, sustainability, […]
UNCITRAL SPEDR Adjudication and the Construction Industry
Construction projects are uniquely vulnerable to disruption caused by unresolved disputes because interruptions in payment or performance during ongoing works can rapidly affect labour, procurement, subcontractor mobilisation, project sequencing, and ultimately project viability. Unlike many commercial disputes, construction conflicts frequently arise while contractual performance is still ongoing, meaning that delayed resolution may itself become a […]
Environmental Liability in International Arbitration: Niko Resources and the Limits of Recoverable Loss
Environmental claims in international arbitration are often won or lost on narrow legal and evidentiary issues, rather than on the seriousness of the incident itself. The Niko Resources gas field arbitration illustrates this point. The dispute arose from two gas field blowouts in Bangladesh in 2005. In the arbitration, the tribunal found that Niko had […]
When a Termination Carve-Out Does Not Bar Arbitration: Lessons from Refinería Madero v. Pemex Tri
The ICC tribunal’s final award in Refinería Madero Tamaulipas, S.A.P.I. de C.V. v. Pemex Transformación Industrial is a useful decision for anyone drafting or litigating arbitration clauses in State-linked infrastructure contracts. At its core, the award answers a deceptively simple question: when a public works contract excludes disputes over early termination from arbitration, does that […]