Arbitral institutions and rules are increasingly adapting their procedures to reflect how parties actually communicate in this digital age. The Hong Kong Arbitration Society (HKAS) Online Arbitration Rules are a prime example. They expressly provide that written communications, including a Notice of Arbitration, may be transmitted electronically – whether by e-mail, SMS, instant messaging, or […]
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] […]
OAC Arbitration Rules
The OAC Arbitration Rules issued in November 2020[1] provide a modern procedural framework for resolving disputes in Oman and are carefully aligned with leading international arbitration practices.[2] The Oman Commercial Arbitration Centre Headquartered in Muscat, the Oman Commercial Arbitration Centre (OAC) is an independent, non-governmental institution established in 2018.[3] It is firmly rooted in Oman […]
U.S. Supreme Court Clarifies Personal Jurisdiction in Foreign Sovereign Immunities Act Arbitration Enforcement Cases
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, […]