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CHAPTER 7 of my book ‘Arbitration of International Disputes in New York’ (JURIS 2024, 352 pp., bit.ly/arbitration-book; Foreword by Hon. Charles N. Brower) addresses the making of the arbitral award and closure of the arbitral proceedings.  In contrast to New York state law, as codified in the Civil Practice Law and Rules, the Federal Arbitration Act does not include explicit requirements regarding the form and content of an arbitral award.  Consequently, applicable ad hoc or institutional arbitration rules and relevant court rulings must be complied with in order to produce a “final and binding” award that is enforceable in practice.  Chapter 7 also discusses forms of arbitral relief or remedies.  An arbitral tribunal may issue relief that a U.S. court may not have authority to grant had the parties elected to submit their dispute to conventional court-based litigation.  In relation to award of interest, the difference between pre-award interest, post-award prejudgment interest, and post-judgment interest is explained.  As regards award of attorneys’ fees, New York law follows the American rule and arbitrating parties can expect to bear their own costs in an arbitration seated in New York, except that an arbitral award may include a cost award based on statute, party stipulation or evidence making it “unmistakably clear” that both parties intended a cost award for their arbitration.  Practical takeaway: To produce an enforceable award, counsel should ensure compliance with applicable arbitration rules on form and content and they should pay attention to interest and cost allocation issues in advance of an arbitration.  (More chapter summaries to follow)

The JURIS Arbitration Law Library, a must-have library for international commercial arbitration just grew by 35 publications focused on procedure, evidence, enforcement, post-award strategy, and regionally focused content with a particular emphasis on US practice. This library already featured prestigious arbitration publications such as The American Review of International Arbitration at Columbia Law School (ARIA), the ASA Special Series, and the International Arbitration Institute (IAI) Series. In the latest expanded collection, we added several references, newly released or in updated editions: the Leading Arbitrators' Guide, 4th edition, The Dark Side of Arbitration, 2nd edition, A Practical Guide to International Arbitration, 2nd edition, The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration, 5th edition. The authors are among the most recognized names in the field, including Lawrence W. Newman, Grant Hanessian, Ugo Draetta, Matteo Winkler, Abby Cohen Smutny, Andrew de Lotbinière McDougall KC, Michael P. Daly, John M. Barkett, Deborah A. Coleman, Neal M. Eiseman, John Burritt McArthur, Myra C. Selby, Steven Skulnik. Every one of these titles is fully integrated into Jus AI. That means you can query doctrine and jurisprudence in the same search, surface the cross-references that strengthen an argument, and do it alongside awards, treaties, case documents & other publications. Explore the JURIS Arbitration Law Library: https://lnkd.in/eQSGWDp8 Which of the new titles would be most useful in your practice? JURIS Legal Information

Kuwait has a standalone Arbitration Law. Decree-Law No. 120 of 2026 was published in Kuwait Al-Youm Issue 1813 on 18 October 2026. Key points: - 108 articles in 15 chapters. It repeals the arbitration chapter of the Code of Civil and Commercial Procedure and Law No. 11 of 1995 on judicial arbitration. - It comes into force one month after publication, on or around 18 November 2026, and governs arbitrations that begin after that date, including those under clauses signed years ago. - Hard clocks: twelve months for the award by default (Article 59), and 30 days to file an annulment action, the only route against an award (Articles 72 to 75). - Arbitration clauses in State contracts need the opinion of the Fatwa and Legislation Department and the approval of the Council of Ministers or the competent minister (Article 3). - Arbitration centres need a Ministry of Justice licence, and disclosing the secrets of the proceedings or publishing an award without the parties' consent is now a crime (Articles 80 and 103). If your contracts contain arbitration clauses, especially with a State counterparty, we'd review them before the next dispute. Read more: https://lnkd.in/d2d7rZCf #Kuwait #Arbitration #DisputeResolution #WefaqLaw

Jaber Law Firm is pleased to share a significant achievement in international arbitration. ⚖️ Our team recently contributed to a successful outcome in a complex international commercial arbitration arising from a dispute valued at over AED 140 million. The matter was particularly significant in both its scale and legal complexity. It involved nearly a decade of prior judicial and administrative proceedings, an extensive documentary record, and sophisticated questions concerning arbitral jurisdiction, arbitrability, res judicata, public policy, corporate succession, legal standing, and the interaction between different legal systems. The case required a detailed reconstruction of the parties’ procedural history, extensive legal and comparative research, careful analysis of previous judicial decisions and documentary evidence, and the development of a comprehensive jurisdictional strategy. A substantial part of the work involved conducting the legal analysis, developing the principal arguments and drafting the legal submissions presented in the arbitration, supported by the applicable legislation, judicial authorities and the factual record. The successful outcome reflects the importance of rigorous legal analysis, strategic case preparation and precision in advocacy, particularly in high-value cross-border disputes where questions of jurisdiction and applicable law may be decisive. At Jaber Law Firm, we remain committed to providing sophisticated legal representation in international arbitration and complex commercial disputes, combining in-depth legal research with strategic and practical advocacy. We are proud of the dedication and work invested in this matter and of another important achievement for our dispute resolution practice. #JaberLawFirm #InternationalArbitration #CommercialArbitration #DisputeResolution #CrossBorderDisputes #CommercialLaw #LegalStrategy #Arbitration

International Arbitration: 3 Essential Frameworks Every Practitioner Should Understand ⚖️ International arbitration is built on the interaction between national arbitration laws, procedural standards, and international enforcement mechanisms. Here is a breakdown of the three foundational references every arbitration practitioner should master: 1️⃣ UNCITRAL Model Law on International Commercial Arbitration 👉 The Legal Framework governing national arbitration legislation and modernization. Key Areas: • Arbitration agreements and validity • Tribunal jurisdiction & Kompetenz-Kompetenz • Limited court intervention • Interim measures & procedural safeguards • Setting aside and enforcement of awards 2️⃣ IBA Rules on the Taking of Evidence in International Arbitration (2020) 👉 The Evidentiary Framework supporting efficient and fair proceedings. Key Areas: • Document production & relevance • Witness statements & expert evidence • Legal privilege & confidentiality • Tribunal’s assessment (admissibility, relevance, weight) • Procedural efficiency & the right to be heard *(Note: The IBA Rules apply when adopted by the parties or incorporated into the tribunal’s procedural orders). 3️⃣ New York Convention (1958) 👉 The Enforcement Framework ensuring global recognition and enforcement. Key Areas: • Recognition of valid arbitration agreements • Referral to arbitration by national courts • Recognition & enforcement of foreign arbitral awards • Limited grounds for refusal (Article V) --- 💡 The Practical Connection: 🔹 UNCITRAL Model Law → Legal framework 🔹 IBA Rules → Evidentiary framework 🔹 New York Convention → Enforcement framework For legal counsel, understanding these instruments isn't just academic — it drives better arbitration clauses, stronger case strategy, effective evidence management, and clear enforcement risk assessment. A well-drafted arbitration agreement is the starting point. A well-managed proceeding and an enforceable award give it practical value. 💬 What other international arbitration principle or instrument do you consider essential for day-to-day practice? #InternationalArbitration #UNCITRAL #IBARules #NewYorkConvention #Arbitration #DisputeResolution #LegalCounsel #ArbitrationLaw #MCIArb

On Latin Lawyer Insight this week, we’re examining key topics and trends in arbitration across Latin America, as featured in the fifth edition of the Guide to International Arbitration in Latin America, edited by Jose Astigarraga of Reed Smith LLP. Looking at the legal instruments available for arbitration in the region, Rafael Rincón and Santiago Vernaza Civetta at Rincón Castro Abogados SAS examine 14 ICSID awards and related decisions from 2024 to 2026 and analyse current trends and patterns in the ICSID arbitration landscape. Meanwhile, Diego Brian Gosis and Quinn Smith at GST focus on the main challenges that any practitioner may face while enforcing an arbitral award under the New York Convention in Latin American countries. Francisco Rivero and Isabella Lorduy at Reed Smith LLP explore the current and general landscape around the enforcement of international commercial arbitration awards in Latin America. Statistics of international arbitration activity in Latin America show a robust arbitration sector, as Latin America has become one of the most important regions in the world for international arbitration. Arturo Munoz, Daniel Ávila II and Fernanda Gil at Reed Smith LLP take a deep dive into regional arbitral centres in Latin America and the Caribbean, which form a key and growing part of the region’s arbitration sector. Against this positive backdrop, Marco Tulio Venegas Cruz at LITREDI draws on recent case law and statutory developments to demonstrate how several Latin American jurisdictions have embraced international standards, fostered party autonomy and ensured the enforceability of arbitral awards. Turning to specialised areas, Juan Felipe Merizalde at Adell & Merizalde and Nicolás Córdoba Pineda and María José Monroy explore how a range of dynamics, including the interplay between traditional and renewable energy sources and infrastructure challenges, are driving a new wave of energy disputes across Latin America. In the construction arena, Luis Asali Harfuch, Omar Colomé, Santiago Escobar Magaña and Rodrigo Macín at Bufete Asali note the surge in complex, high-value infrastructure projects and explain how disputes in the industry have unique characteristics and needs, depending on the size, parties and the complexity of the project across a range of projects. Elsewhere, Carlos Ortega and Manuel Cano at Consultores Expertos Independientes address expert evidence in Latin American arbitration disputes, covering everything from selecting an expert to preparation of expert reports to expert witness testimony. Access the full Guide here: https://lnkd.in/erSmvKYz

I just returned from Gar Civil Law Summit in Madrid. The event raised numerous interesting topics and facilitated many good discussions. Together with Tuuli Timonen, Barton Legum, and I discussed the developments in Nordic arbitration and how the Nordics are positioning itself for future arbitrations. The panel was expertly moderated by Pontus Ewerlöf. From a Norwegian perspective, I highlighted that while Norway remains a jurisdiction predominantly characterised by ad hoc arbitration, the arbitration scene is changing generally with an increasing influx of international actors. And in particular as a result of the Nordic Offshore & Maritime Arbitration Association (NOMA) Rules getting traction, and of ICC Arbitration joining Oslo Chamber of Commerce / ICC Norway. In an increasingly polarised world, the Nordic has a lot to offer as a region for arbitration. The region is politically stable, and shares the same legal system based on principles recognisable from both a civil law and common law perspective: The system combines comprehensive statutes with a robust and active case law tradition. As discussed, also with the ever active @Kai Hober in the audience, we will probably not have a joint arbitration institute for the Nordics (although the idea is intriguing). The institutions SCC Arbitration Institute , Voldgiftsinstituttet - The Danish Institute of Arbitration and Finnish Arbitration Association (FAA) have all meticulously developed their own positions, sets of rules, and traditions. However, we can all continue to pull in the same direction and ensure that arbitration in the Nordics is a commercially interesting choice for users of arbitration. Thank you Philippe Pinsolle for suggesting me as a panelist, Global Arbitration Review for a great event, Dora Grunwald-Kadar and Delta Consulting Group for good discussions over a great dinner, and all other panelists and participants. I look forward to continuing the discussions.

INTERNATIONAL ARBITRATION | EPISODE 08 ⚖️ WHICH LAW GOVERNS THE DISPUTE? Applicable Law in International Arbitration In international arbitration, choosing the right law can determine the outcome of a dispute. But what happens when the parties have not expressly agreed on the applicable law? 1️⃣ Party Autonomy Parties are generally free to choose the law governing the substance of their dispute. This choice should be clearly drafted in the contract to avoid uncertainty and costly preliminary disputes. 2️⃣ No Express Choice of Law When the parties have made no effective choice, the arbitral tribunal must determine the applicable law in accordance with the relevant arbitration rules and the law governing the arbitration agreement or proceedings, as appropriate. 3️⃣ Mandatory Rules and Public Policy The parties’ choice is not necessarily unlimited. Mandatory provisions and applicable public policy considerations may affect the tribunal’s analysis and the enforceability of the resulting award. 4️⃣ The Contracting Lawyer’s Responsibility A well-drafted dispute resolution clause should address not only the arbitration institution, seat, and language, but also the law governing the merits of the dispute. ⚖️ KEY LESSON The law governing the contract, the law governing the arbitration agreement, and the law of the seat of arbitration may be different. Confusing these concepts can create serious legal and strategic risks. NEXT EPISODE 09: Recognition and Enforcement of International Arbitral Awards. 💬 Professional question: Should parties always expressly choose the law governing the merits of their dispute? #InternationalArbitration #UNCITRAL #Arbitration #DisputeResolution #InternationalLaw

A recent report on international arbitration suggests that experts may often be brought into disputes too late. That is obviously an issue for arbitration, but it is not difficult to see the same problem arising in conventional litigation. By the time an expert is instructed, the pleadings may already have defined the case, disclosure may be under way and a procedural timetable may have been fixed. The expert is then asked to give an opinion within a structure which has largely been created without them. The Chartered Institute of Arbitrators (Ciarb) research found a noticeable difference between the people doing the expert work and those instructing them. Only 44% of the experts responding thought they were given sufficient time, while 60% wanted experts to have direct input when procedural timetables were being set. There was also a difference in why people thought experts were instructed late. Some 42% of experts identified a lack of understanding of the expert’s role and 39% identified cost. Among external counsel, 53% identified cost, while only 13% thought lack of understanding of the expert’s role was the main reason. Perhaps that divergence is unsurprising. Experts and lawyers are looking at the same process from different professional positions, and the gap between those perspectives may itself help explain why experts are sometimes brought in too late. What looks to the lawyer like a sensible attempt to control cost may look rather different to the expert who is then asked to analyse a complex technical issue within a timetable they had no part in setting. Although the research concerns international arbitration, the parallel with litigation is fairly obvious. In civil proceedings, decisions about the issues for expert evidence, the disciplines required and the timetable for reports and meetings may be made quite early. If an expert is going to be asked to deal with those issues, there may be value in involving them early enough to say whether the proposed questions make technical sense, what evidence will actually be needed, whether another discipline is required and how much work will realistically be involved. That does not mean turning the expert into part of the legal team. There is a clear difference between asking an expert to help construct the client’s case and asking them early enough to identify what expert evidence the case is actually going to require. The same question can arise in arbitration and litigation alike: are we concentrating too much on the date by which the expert report is needed, rather than the point at which the expert is needed? We have looked at the CIArb findings in more detail, together with the parallels in litigation and some of the different approaches taken in other jurisdictions: https://lnkd.in/e3FmM9Dg #ExpertWitness #ExpertEvidence #Arbitration #Litigation

LCIA Annual Casework Report 2025: Principal Statistics and Trends: The London Court of International Arbitration (the “LCIA”) published its Annual Casework Report 2025 (the “Report”) in October 2026.[1] The Report covers the LCIA’s 2025 casework, including referrals, parties, arbitrator appointments and procedural applications. It also publishes selected institutional turnaround times for the first time.[2] The timing statistics show how quickly the LCIA handled initial […] Aceris Law - International Arbitration Law Firm #arbitration