In its judgment of 23 January 2026 in SJ and another v A Limited (“Judgment”), the Hong Kong Court of First Instance (“Court”) set aside an arbitral award ordering payment of USD 481,603,937.80 plus interest (“Award”). The Court held that the arbitral tribunal (“Tribunal”) had failed to address an essential aspect of an estoppel defence: […]
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Banesco v. Panama: ICSID Jurisdiction, Foreign-Controlled Companies and Regulatory Ambiguity
On 5 May 2026, the arbitral tribunal (the “Tribunal”) in the ICSID proceedings brought by Banesco Holding Latinoamérica, S.A. (“BHL”) and Banesco (Panamá), S.A. (“Banesco Panama”) against the Republic of Panama (“Panama”) rendered its final award (the “Award”). The Tribunal, composed of Franz X. Stirnimann Fuentes as President, Rafael Rincón Ordóñez, and Alvaro Galindo, accepted […]
Perjury and False Evidence in International Arbitration
Witness evidence can be decisive in international arbitration. Tribunals regularly rely on company representatives, employees, experts and other witnesses to determine what happened and, in many cases, to determine how much loss was suffered. But what happens when a witness deliberately lies? The consequences can extend well beyond the loss of credibility. Depending on the […]
Andraous v. Netherlands: Share Ownership, Employment Rights and the Definition of an Investment
On 20 May 2026, an arbitral tribunal (the “Tribunal”) constituted under the 1976 UNCITRAL Arbitration Rules (the “UNCITRAL Rules”) issued its Final Award (the “Award”) in Abdallah Andraous v. Kingdom of the Netherlands, ICSID Case No. UNCT/23/3. The arbitration was brought by Mr Abdallah Andraous (the “Claimant”) against the Kingdom of the Netherlands (the “Respondent”) […]
NBA Arbitration: A Player’s Guide to Protecting Your Contract, Compensation, and Career
For an NBA player, a dispute with a team or the league is rarely just a legal problem. It can affect salary, contract guarantees, free agency, playing time, reputation, eligibility for awards, and potentially the value of the player’s next contract. The NBA’s 2023 Collective Bargaining Agreement (“CBA”) between the NBA and the National Basketball […]
Legacy Vulcan, LLC v. United Mexican States: Regulatory Arbitrariness and the Limits of Investment Treaty Compensation
On 27 July 2026, an arbitral tribunal (the “Tribunal”) in proceedings before the International Centre for Settlement of Investment Disputes (“ICSID”) issued its award (the “Award”) in the dispute between Legacy Vulcan, LLC (“Legacy Vulcan”) and the United Mexican States (“Mexico”). The Tribunal found that Mexico had denied fair and equitable treatment (“FET”) under Article […]
DIFC Court of Appeal Sets Aside DIAC Award for Procedural Unfairness in Oheo Bank v Parker [2025] DIFC CA 006
On 24 April 2026, the DIFC Court of Appeal delivered what is understood to be the DIFC Courts’ first decision setting aside a DIFC-seated arbitral award. In Oheo Bank v Parker [2025] DIFC CA 006, the Court partly set aside a DIAC award ordering Oheo Bank to pay EUR 1 million because the Bank had […]
Can Arbitrators Ask Artificial Intelligence for Its View on Legal Issues?
Artificial intelligence (“AI”) is increasingly being used in international arbitration for legal research, document review, translation, and drafting. However, its use becomes difficult to assess when an arbitrator turns to AI not merely to process information, but to obtain a view on a legal issue that the tribunal must decide. There is presently no generally […]
Security for Costs in Investment Arbitration
Security for costs has become an increasingly important procedural issue in investment arbitration. A respondent State may spend millions defending a treaty claim and, even after prevailing and obtaining a costs award, remain exposed to non-recovery where the claimant is insolvent or has few assets against which the award can be enforced. Security for costs […]
