Should Naming the Arbitral Seat not be Enough?

By Jeremy Hernandez-Lum Tong In 2020 and 2021, the Supreme Court of the United Kingdom (“UKSC”) made two seminal decisions on the law governing arbitration agreements, namely Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb and Kabab-Ji SAL v Kout Food Group. The latter, Kabab-Ji UKSC, recapitulated the reasoning in Enka, but differed…

RWE AG and RWE Eemshaven Holding II BV v. Kingdom of the Netherlands and Themes in Climate Change Arbitration

By Yonah Wasik, Senior Staffer Climate change presents an expanding danger to the environment and human health.  Along with it, international bodies and states alike have progressively strengthened their climate change goals and regulations. While most climate change cases are brought before national courts, businesses have turned to arbitration to resolve environmental disputes, especially for…