International arbitration is valued for delivering final, binding, and enforceable awards, but that finality is threatened when losing parties seek to re-litigate the same objections across multiple jurisdictions. A party may challenge an award at the seat and fail. It may then attempt to resist enforcement elsewhere by recasting the same arguments. This is where […]
International Arbitration Law
Deepfakes in International Arbitration
Deepfakes may soon become a practical problem for international arbitration. Artificial intelligence (AI) has become increasingly integrated into arbitral procedure and decision-making, as discussed in a previous Aceris Law note on LaPaglia v. Valve. AI tools are frequently praised for their capacity to produce large volumes of text, images, audio and video within seconds. Yet […]
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 […]
Arbitration in Próspera: An Arbitration Utopia?
Arbitration is usually a creature of contract. Parties arbitrate because they have agreed to do so. Próspera ZEDE departs from that model by embedding arbitration into its legal architecture, making it the default mechanism for a significant category of disputes even when the parties’ contract is silent. It also creates two distinct tracks: a private, […]
How Enforcement Works: Turning Arbitral Awards into Real-World Results
As every arbitration practitioner knows, securing a favourable arbitral award is often the culmination of months, or even years, of effort. Parties invest substantial time, money, and energy in arbitration to resolve their disputes. When an arbitral tribunal finally delivers a positive decision, it may feel like the hard work has paid off. Yet, in […]
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 […]
Global Supply Chains, Tariffs and the Role of International Arbitration
The use of international arbitration for tariff-related disputes is becoming increasingly relevant as the Trump administration’s tariffs disrupt global supply chains, trigger commercial instability, and generate a wave of cross-border conflicts. Trump’s Tariff Policy and the Disruption of International Supply Chains Tariffs are defined as customs duties on merchandise imports.[1] They are often used to […]
Data Protection in International Arbitration
In an era where data is a new form of currency, safeguarding sensitive information is an essential consideration in international arbitration. At the same time, data protection laws of the world have rapidly expanded in scope to the point that, according to Gonçalves and Brancher, “there is no area of law that is not impacted […]
Cartels and International Arbitration
Cartels disrupt market integrity and harm economic players. As companies worldwide face increasing risks from the anti-competitive practices of cartels, international arbitration is emerging as a critical tool for resolving these disputes. Understanding Cartels: The Basics A cartel is an agreement or coordinated action between two or more competitors, typically entities offering similar goods or […]
