International arbitration professionals are a strikingly homogenous population, as our recent 360 degree overview demonstrated. The demographic markers typically used to arrive at this conclusion are age, race, gender and national origin. While these fundamental indicators merit continued interrogation and...
In this post, we highlight three evidentiary issues—the matters of legal privilege, hearsay, and illegally obtained evidence—on which there is significant divergence between (and even within) the common law and civil law traditions. In light of these variations across jurisdictions, we recommend that arbitral centers...
Generally, the choice of substantive law applicable to a particular contract will affect the outcome of a case. It is common, however, for the evidentiary and interpretive rules to also have important implications for a case’s outcome. Arbitral rules leave such matters to a tribunal’s discretion that can be exercised...
It has been described as the “Lehman Brothers” event of the crypto world and heralded to bring forth a cryptocurrency winter. The collapse of TerraUSD, one of the largest algorithmic stablecoins has sent shockwaves across the world. The stablecoin was not backed by fiat currency or financial assets, but by...
Global law firm Withers KhattarWong has successfully obtained a worldwide proprietary injunction on behalf of a Singaporean NFT investor to freeze the sale and ownership transfer of a rare Bored Ape Yacht Club (BAYC) NFT, or non-fungible token, on the Ethereum blockchain against a Metaverse personality....
The phenomenal growth in the use of cryptocurrencies worldwide has led to an exponential increase in incidence of cryptocurrency disputes across the globe....
While most will agree that justice should not be hurried, what happens when parties refuse to comply to arbitration procedural timelines? In this article, we discuss the challenges in balancing efficiency and procedural fairness in arbitration proceedings by examining the recent Singapore court decision of Sai Wan Shipping Ltd v...
Globalization has diversified the actors, institutions, norms, and instruments on the international legal stage. With diversification comes increased specialization and, in turn, organization around so-called regimes. The notion that international legal regimes can exist autonomously has long been refuted; indeed, each regime draws from general international...
This is the third consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international arbitration from the prior year. As we emphasized last year, the effects of the COVID-19 pandemic on this intersection are likely to remain...
Following on from the phenomenal growth in the use of cryptocurrencies worldwide, there is increasing incidence of cryptocurrency disputes across the globe. In probably one of the highest profile international cryptocurrency disputes in recent times, hundreds of derivatives investors are apparently looking to bring claims against cryptocurrency trading platform Binance...