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…

What Growing Global Polarization Means for Cooperation in International Arbitration

By Kaley Gilbert, Senior Staffer Increasing global conflict challenges international arbitration’s ability to successfully settle commercial disputes. Arbitration depends on cooperation.  But the polarization associated with growing global conflict, ranging from active conflicts such as Russia’s invasion of Ukraine to the cold conflict between the United States and China, challenges the norms and practices that…