By Jack Moore Last year was a busy one for arbitration in the United States. The Supreme Court decided three cases in 2024 pertaining to arbitration, the Ninth Circuit decided another, and in August, a high-profile dispute involving the Walt Disney Company brought the word “arbitration clause” into the popular conversation. The landscape of consumer…
Tag: law
Artificial Intelligence in Arbitration: Sh-AI-ping the Future
By Philip Winkle Introduction If you grew up watching science fiction, you probably expected the robot takeover to resemble The Terminator, I, Robot, or The Matrix. But, instead of battling automatons or desperately hacking the algorithm trying to override humanity’s destiny, this Brave New World is really just you—someone working in or studying international arbitration—staring…
U.S. Courts Will Not Deny Enforcement of an International Award Even if Corruption Tainted the Contract
By Deborah Slattery-Pereira In August 2024, the 11th Circuit addressed the role of U.S. Courts in recognizing non-domestic awards when one of the parties alleged that corruption tainted the contract. This case involved a breach of contract dispute between Commodities & Minerals Enterprise, Ltd. (“CME”), a commodities intermediary trader under the laws of the British…
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…
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…
The Arbitration Brief 