Costs are among the most important considerations for parties in international arbitration proceedings.[1] Therefore, it is crucial for them to know in advance the categories of recoverable costs at the end of the arbitral process. These costs can generally be recovered from the losing party. In this respect, Article 38 of the Arbitration Rules of […]
Arbitration in the Caribbean
Following our previous discussion on OHADAC Arbitration and Mediation, the Caribbean region continues to strengthen its position as a key hub for international arbitration. With legislative modernization, institutional growth, and a strategic location, the region is becoming an increasingly attractive venue for dispute resolution. And let’s be honest – if you had to attend an […]
English Arbitration Act 2025: Key Reforms
On 24 February 2025, the English Arbitration Act 2025 (the “2025 Act”) received Royal Assent, concluding a four-year reform process to refine and modernise the arbitration law in England and Wales. Procedural History and Accompanying Documents The reform began in March 2021, when the Ministry of Justice tasked the Law Commission with reviewing the English […]
Enforcement of Interim Measures in International Arbitration
In international arbitration, interim measures, also known as “provisional” or “conservatory” measures, are temporary remedies issued by an arbitral tribunal to protect parties’ rights, preserve assets or maintain the status quo until a final award is issued. They are comparable to injunctions in litigation but tailored for the arbitration process. Examples of interim measures include, inter […]
Sovereign Immunity in Switzerland
The doctrine of sovereign immunity can be traced back to early international law theories. Traditionally, sovereign immunity was considered absolute, meaning that states could not be sued under any circumstances. However, as international relations and state involvement in commerce expanded, many countries, including Switzerland, adopted a restrictive approach. This distinction allows legal actions against states […]