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 […]
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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 […]
From Contracts to Claims: Aceris Law Session on Construction Arbitration
On 8 May 2026, Nina Jankovic, Counsel at Aceris Law, delivered a virtual session for the USLLS ADR Blog at the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. The session formed part of the ADR Blog Professional Series and was titled “From Contracts to Claims: Navigating Risk, Strategy, […]
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 […]
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 […]
Investment Arbitration in Mexico: Why an Over USD 2.1 Billion Claim Failed
The arbitration in Espíritu Santo Holdings, LP and L1bre Holding, LLC v. United Mexican States concerned a digital taximeter project in Mexico City and claims exceeding USD 2.1 billion.[1] On 26 March 2026, the tribunal reportedly dismissed all claims in favour of Mexico.[2] The case arose from an investment in Servicios Digitales Lusad, S. de […]
New 2026 ICC Arbitration Rules
The International Chamber of Commerce (“ICC”) has approved a revised version of its Rules of Arbitration, which will enter into force on 1 June 2026 (“2026 ICC Rules”), replacing the 2021 Rules of Arbitration (“2021 ICC Rules”). The revisions are designed to improve efficiency, clarity and user-friendliness, ensuring ICC arbitration remains responsive to global user […]
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, […]
