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Key Changes in the 2026 ICC Arbitration Rules: The International Chamber of Commerce (the “ICC”) has now released the ne...
30/05/2026

Key Changes in the 2026 ICC Arbitration Rules: The International Chamber of Commerce (the “ICC”) has now released the newest iteration of its arbitration rules, the 2026 ICC Arbitration Rules (the “2026 Rules”), which will enter into force on 1 June 2026. The 2026 Rules are evolutionary rather than revolutionary. The ICC has not fundamentally altered the structure of ICC arbitration, but it […]

International Arbitration.

The International Chamber of Commerce (the “ICC”) has now released the newest iteration of its arbitration rules, the 2026 ICC Arbitration Rules (the “2026 Rules”), which will enter into force on 1 June 2026. The 2026 Rules are evolutionary rather than revolutionary. The ICC has not fundamen...

Panama Canal Ports Dispute: Key Lessons for Foreign Investors: Disputes over critical assets now drive many internationa...
30/05/2026

Panama Canal Ports Dispute: Key Lessons for Foreign Investors: Disputes over critical assets now drive many international arbitrations. Ports, airports, energy projects, mining assets, data centres, telecom networks and transport corridors are no longer purely commercial assets. States increasingly link them to national security, economic sovereignty, supply chains and geopolitical influence. The Panama Canal ports dispute shows this trend clearly. Panama Ports Company, a […]

International Arbitration.

Disputes over critical assets now drive many international arbitrations. Ports, airports, energy projects, mining assets, data centres, telecom networks and transport corridors are no longer purely commercial assets. States increasingly link them to national security, economic sovereignty, supply ch...

Can Misconduct in Arbitration Invalidate an Award?: International arbitration is often chosen because it offers parties ...
24/05/2026

Can Misconduct in Arbitration Invalidate an Award?: 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 […]

International Arbitration.

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 a...

Indus Waters Treaty Arbitration: Can India Put the Treaty in Abeyance?: The Indus Waters Treaty arbitration has become o...
24/05/2026

Indus Waters Treaty Arbitration: Can India Put the Treaty in Abeyance?: 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 […]

International Arbitration.

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 lega...

The CEPANI 2026 Arbitration Rules: The Belgian Centre for Arbitration and Mediation (“CEPANI”) has adopted revised Arbit...
24/05/2026

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, […]

International Arbitration.

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...

UNCITRAL SPEDR Adjudication and the Construction Industry: Construction projects are uniquely vulnerable to disruption c...
16/05/2026

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 […]

International Arbitration.

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 commerc...

Environmental Liability in International Arbitration: Niko Resources and the Limits of Recoverable Loss: Environmental c...
16/05/2026

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 […]

International Arbitration.

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....

When a Termination Carve-Out Does Not Bar Arbitration: Lessons from Refinería Madero v. Pemex Tri: The ICC tribunal’s fi...
16/05/2026

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 […]

International Arbitration.

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: wh...

Could Iran Bring the U.S. to Arbitration Over Its Iran Strikes? A 1981 Agreement Says Yes: More than four decades after ...
09/05/2026

Could Iran Bring the U.S. to Arbitration Over Its Iran Strikes? A 1981 Agreement Says Yes: More than four decades after the Tehran hostage crisis, arbitration may offer Iran a legal pathway to challenge the United States’ latest military campaign. On 28 February 2026, the United States, together with Israel, launched a large-scale military operation against the Islamic Republic of Iran under the name “Operation Epic Fury”.[1] The United States has […]

International Arbitration.

More than four decades after the Tehran hostage crisis, arbitration may offer Iran a legal pathway to challenge the United States’ latest military campaign. On 28 February 2026, the United States, together with Israel, launched a large-scale military operation against the Islamic Republic of Iran ...

Third-Party Funding and Confidentiality in Investment Arbitration: Kappes v. Guatemala: Third-party funding is increasin...
09/05/2026

Third-Party Funding and Confidentiality in Investment Arbitration: Kappes v. Guatemala: Third-party funding is increasingly common in investment arbitration. It can give investors access to treaty claims, but it may also raise issues of conflicts of interest, confidentiality, security for costs and adverse costs exposure.[1] The procedural orders in Daniel W. Kappes and Kappes, Cassiday & Associates v. Republic of Guatemala are useful because they address […]

International Arbitration.

Third-party funding is increasingly common in investment arbitration. It can give investors access to treaty claims, but it may also raise issues of conflicts of interest, confidentiality, security for costs and adverse costs exposure.[1] The procedural orders in Daniel W. Kappes and Kappes, Cassida...

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