Sonali Mathur’s Post

Attending today's event on international arbitration with White & Case LLP’s Laetitia Souesme, Poorvi Satija, and trainee Jacob Bennett was incredibly insightful. The speakers shared not only their unique career journeys but also their perspectives on the benefits and complexities of arbitration, providing a fascinating look into the work and challenges within international dispute resolution. Here are a few highlights from the discussion: • The New Arbitration Act: Anticipated for 2025, the upcoming Arbitration Act aims to modernise the UK’s arbitration framework, potentially making it an even more attractive global hub. The Act’s proposed reforms are set to streamline procedures and add clarity—key elements in managing complex, cross-border disputes. • Advantages and Disadvantages of Arbitration: The panel gave a balanced view of arbitration’s strengths—particularly its confidentiality, neutrality, and flexibility for international disputes. However, they also acknowledged some challenges, including the costs and potential delays when managing multi-phase cases. • Enforceability of Awards: Laetitia Souesme emphasised that enforceability is perhaps the most attractive feature of arbitration. The New York Convention allows awards to be recognised in over 160 countries, providing parties with a level of security and predictability that’s often lacking in court judgments. • Neutrality and the ADR Landscape: Poorvi Satija expanded on arbitration’s role within the broader spectrum of alternative dispute resolution, which also includes negotiation, mediation, and litigation. She highlighted the essential impartiality of arbitration tribunals, showing how this neutrality is integral to providing a balanced solution for complex international disputes. • Role of an Arbitration Trainee: Jacob Bennett shared valuable insights into the dynamic role of a trainee in international arbitration. Trainees are encouraged to dive into every stage of the case—whether it’s research, document review, or preparation for hearings. Engaging with the case beyond just assigned tasks is key to success in this field. Thank you to White & Case LLP and Legal Cheek for hosting such an insightful event! For anyone considering a career in international arbitration, this session was a fantastic look at what the field entails and the unique opportunities it presents. #WhiteandCase #InternationalArbitration

The Guide to Damages in International Arbitration - Sixth Edition - courtesy Global Arbitration Review Jennifer Vanderhart, Steven Schwartz, Richard Brady, and Aminta Raffalovich . This sixth edition of Global Arbitration Review’s Guide to Damages in International Arbitration builds on the successful reception of the earlier editions. As explained in the Introduction, this book is designed to help all participants in the international arbitration community understand damages issues more clearly and to communicate those issues more effectively to tribunals to further the common objective of assisting arbitrators in rendering more accurate and well-reasoned awards on damages. The book is a work in progress, with new and updated material being added to each successive edition. In particular, this sixth edition incorporates updated chapters from various authors and contributions from new authors. This edition seeks to improve the presentation of the substance through the use of visuals such as charts, graphs, tables and diagrams; worked-out examples and case studies to explain how the principles discussed apply in practice; and flow charts and checklists setting out the steps in the analyses or the quantitative models. The authors have also been encouraged to make available online additional resources, such as spreadsheets, detailed calculations, additional worked examples or case studies, and other materials. 

WHAT ALL PUBLIC OFFICIALS NEED TO KNOW ABOUT INTERNATIONAL ARBITRATION (ESPECIALLY ISDS) AND WHICH (ALMOST) NO ONE WILL TELL THEM (AND WHICH I WISH SOMEBODY HAD TOLD ME) BONUS: ARBITRATOR DESIGNATION MAY ACTUALLY BE ONLY THE SECOND MOST CONSEQUENTIAL DECISION OF THEM ALL To sum up. The ISDS Emperor is, if not naked, at the very least immodestly clad. Those who can (the USA, the EU) are refusing to participate as respondents in this charade, all the while trying to convince the less powerful to continue playing the game, or else (hence, only Mexico is subject to ISDS in the USMCA, the successor to NAFTA). For less advantaged players, the ability to choose competent legal counsel is of critical importance, and yet this is hamstrung by anti-corruption and procurement rules that focus on the quantum of fees, rather than on the quality of the advice to be obtained by payment of such fees. In other words, the criteria that public officials/managers have to follow in selecting counsel are suboptimal in terms of furthering the interests of their states (meanwhile, the corrupt practices that such criteria are meant to curtail seem to be as pervasive as ever). Simply put, a public official/manager will be courting immense personal risks, administrative penalties and even possible prosecution by selecting counsel on the basis of their personal experience, knowledge and discretion (i.e. what they are supposedly paid for). If all goes well, there is no upside, as they will be deemed to have been doing no more than their job, while still breaking the rules. In contrast, as long as the selection of counsel is done by the book, even if the outcome of a case is catastrophic, there will be no adverse consequences for those in charge. The procurement rules always allow for a certain amount of discretion on the part of public officials. But public officials have learned the hard way that such discretion should be used sparingly. To conclude, therefore, a message to public officials/managers. Next time your country is staring down the barrel of a colossal arbitration claim, ask yourself: do I really want to be in the “John Glenn position”? END

🌟 Exciting Highlights from the Johannesburg Arbitration Week 2024J with AFSA International! 🌟 We are thrilled to share the incredible contributions from AFSA SA International at Johannesburg Arbitration Week 2024, where our experts illuminated various facets of arbitration through insightful panel discussions. Here's a recap of their impactful participation: 🌟Africanisation of Arbitration: Perspectives from Practitioners, Counsel, and Arbitrators - Natasha Peter shared invaluable insights on the growing African influence in arbitration. 🌟Challenges, Strategies, and Practical Considerations: Enforcement in the African Context - Daniel Tivadar discussed strategies to navigate enforcement challenges in Africa. 🌟The Case of the Heavenly Twins: The Moot, the Man, and the Machine - the human panel include Patrick Lane SC - Chairman and Tribunal Members Justice Malcolm Wallis, Dr Fuyong Chen, James Banda, Susan Muchaneta Mutangadura, and Leyou Tameru. The Moot explored the dynamic interplay between human expertise and AI in arbitration. 🌟The Future of Investment Protection in the SADC Region: Domestic Courts, Regional Forums, or International Arbitration? - Prof. Lise Bosman and Svetlana Vasileva-Stratenwerth were part of the discussion on future pathways for investment protection in the SADC Region. 🌟Integrity in International Arbitration - Edwin Glasgow CBE KC, Justice Nageswara Rao, Peter Ashford, Patrick Lane SC, and Svetlana Vasileva-Stratenwerth tackled the crucial topic of maintaining integrity in arbitration. 🌟How Helpful Are Experts in Arbitration? - Azhar Bham SC and Prof. David Butler were part of the discussion of the role and impact of expert testimonies. 🌟The Silk Road and the BRICS Road: Where Does It Lead? - Michael Kuper SC, Prof. David Butler, and Lindi Nkosi-Thomas SC discussed the implications of these significant trade routes. 🌟Unpacking BRICS December 2023 Resolution: From an Investment and Trade Perspective - Jackwell Feris and Leyou Tameru provided an in-depth analysis of the latest BRICS resolution. 🌟Overcoming Obstacles in Arbitration: Appointment Challenges, CMC Procedures, and the Future Role of AI in Global Justice - Svetlana Vasileva-Stratenwerth, Bruce Collins KC, and Dr. Jur. (Habil./LLD) Niels Schiersing shared strategies to tackle common arbitration challenges. 🌟Unpacking the Investment Protocol of AfCTA - Leyou Tameru elaborated on the nuances of the AfCTA Investment Protocol. 🌟Mediation: Finding Real Solutions that Bind - John Maurice Bishop emphasised the importance of practical and binding mediation solutions. 🌟But Is It Constitutional?: The Legality Defence and Arbitration - Adv Gautschi SC explored the intersection of constitutional law and arbitration. #AFSA #Arbitration #JAWConference #InvestmentProtection #BRICS #Mediation #AfricanArbitration

If you missed the enriching discussions in Part I of the webinar series—Expedited International Arbitration: Policies, Rules, and Procedures, on November 13, there's still time to join the conversation! Get insights from leading experts on expedited arbitration, join CIArb-NAB on December 11, 2024, for Part II of the webinar series—Expedited International Arbitration: Policies, Rules, and Procedures. A meaningful and engaging discussion on the future of efficient dispute resolution! 📅 Part II: Wednesday, December 11, 2024 | 1 PM EST Highlights: Jonas Hinrichsen will be discussing the practical implications of expedited arbitration. Ylli Dautaj will be discussing restoring flexibility and cost-effectiveness while ensuring fairness. Josh Simmons will be addressing document overload and advocating for page limits to streamline the process. Dr. Herman Verbist will be the moderator 💡 All presenters are contributors to the book Expedited International Arbitration: Policies, Rules and Procedures, edited by Alan M. Anderson and Herman Verbist. 👉 Register Here for Part II: https://lnkd.in/ew-dBtv Let’s explore how expedited arbitration is transforming international dispute resolution! Ylli Dautaj, Herman Verbist, Jonas Hinrichsen, Josh Simmons, Alan Anderson, Cecilia Flores Rueda, FCIArb, David Sharp, Julia Sullivan, JD, LLM, FCIArb

Youssef Ben Khamsa has written his first article for the KAB. Check it out below!

Resource: How to Break Into International Arbitration: Useful Resources for Young Practitioners and Students Members of Signature Litigation Paris’ International Arbitration team, Partner Flore Poloni and Associate Kimberley Bazelais, were invited recently to contribute to ‘How to Break Into International Arbitration: Useful Resources for Young Practitioners and Students’, a key compendium and resource for aspiring arbitration practitioners worldwide. ‘How to Break Into International Arbitration: Useful Resources for Young Practitioners and Students’ is a widely used and relied upon resource in the arbitration community globally and was originated by renowned international arbitrator and mediator, Professor Mark Kantor. This resource is the product of a collaborative effort between the Georgetown International Arbitration Society (GIAS), Signature Litigation, and Young OGEMID (OGEL Energy Law / Transnational Dispute Management (TDM)). We extend our sincere thanks to those who have contributed to this document: Mark Kantor, Independent Arbitrator; Professor Anne Marie Whitesell, Faculty Director of the Program on International Arbitration and Dispute Resolution, Georgetown University Law Center; Professor S.I. Strong, K.H. Gyr Professor of Private International Law, Emory University School of Law, and Moderator, Young OGEMID; Flore Poloni, Partner, and Kimberley Bazelais, Associate, at Signature Litigation; and Devna Arora, Vice President of GIAS (2023-2024). We encourage members of the international arbitration community to share this resource widely! Read more here: https://lnkd.in/e8P9MZcT

In the past few weeks I attended the “International Arbitration: a practical analysis and a future outlook” seminar, organised by ELSA Torino - The European Law Student's Association. The course comprised a series of lectures centered around the role of arbitration in international disputes in the commercial and public sector, with the participation of the top experts in the field: Cecilia Carrara, Letizia Ceccarelli, Alberto Oddenino , Monique Sasson, Fabio Santacroce , Martina Lucenti , Marina Nitrola, Cristina Martinetti , Bernd Ehle , Emilio Paolo VILLANO, Irene Petrelli, Barbara Concolino and Filippo Frigerio, whom i would like to thank for sharing their invaluable expertise. In particular, the seminar encompassed four major arguments: 1. International Dispute Resolution An introduction to the use of arbitration for international dispute resolutions both from a theoretical and practical perspective. Speakers: 2. Institutions for dispute resolution An insight into the role played by the International Chamber of Commerce, the International Centre for Settlement of Investment Disputes (ICSID) and the Milan Chamber for arbitration, delving into their history and peculiarities. 3. Types of international disputes An in-depth analysis of the major fields of application of international arbitration, such as construction dispute, commerce, investments and antitrust, along with cases brought before the WTO. 4. Practical aspects of international arbitration Public discussion focused on practical aspects related to international arbitration, including past challenges and future prospects, referencing the professional experiences of the speakers.

EXPEDITED INTERNATIONAL ARBITRATION: POLICIES, RULES AND PROCEDURES I am pleased to announce the publication of Expedited International Arbitration: Policies, Rules and Procedures, by Kluwer Law International. I co-edited, and contributed to the book along with my colleague, Dr Herman Verbist, a partner with Everest in Belgium. Anna Joubin-Bret, the secretary of UNCITRAL, graciously wrote the foreword. The book comprises 19 chapters and features 31 distinguished practitioners, academics and experts in the field from around the world. It provides diverse perspectives on the various methods adopted to provide an expeditious and cost-effective means for international dispute resolution. The book considers how expedited international arbitration policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation globally. This insightful book will be of interest to practitioners and stakeholders as they seek to return international commercial arbitration to its foundational underpinnings: a prompt, productive and cost-effective means of resolving commercial disputes. Further information, as well as the ability to order the book, may be found here: https://lnkd.in/gdz6R_zE.

Together with my colleagues, Erin Cronjé and Jonas Hinrichsen, we are pleased to announce the publication of our latest scholarly work titled "Expedited Arbitration in Action: Is the Practice Making Perfect?". This piece is a chapter in the book "Expedited International Arbitration: Policies, Rules, and Procedures," published by Wolters Kluwer and edited by Alan Anderson and Herman Verbist, with a foreword by Anna Joubin-Bret, the Secretary of UNCITRAL: United Nations Commission on International Trade Law. Expedited procedures have been viewed as a practical solution for addressing efficiency gaps in traditional arbitral proceedings. However, the increasing use of expedited arbitration rules and procedures has sparked critiques and questions about their overall effectiveness and their interaction with other aspects of arbitration and enforcement. This piece first outlines the primary objectives of expedited arbitration procedures, then evaluates whether these objectives are being achieved in practice, and to what extent. Finally, it examines the interaction between expedited rules and procedures, the tribunal's mandate and discretion under these proceedings, and the potential implications for the enforceability of awards. This chapter, which is the fruit of a year's effort, presents an analysis of the information and statistics collected from the following institutions: ICC Arbitration, Singapore International Arbitration Centre, HKIAC, Japan Commercial Arbitration Association, SCC Arbitration Institute, Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS) German Arbitration Institute, and Swiss Arbitration Centre (former SCAI). We extend our gratitude to all the esteemed institutions for providing their valuable inputs and to the editorial team for their constructive comments. Discover more about the book and obtain your copy here: https://lnkd.in/eMbbP6ED.