Arbitration Cases Research Articles

The rapid digitization of commercial, governmental, and legal transactions has created an urgent need for efficient, secure, and transparent dispute resolution mechanisms. Traditional arbitration systems often fall short when handling the complexity and volume of digital evidence, smart contracts, and cross-border interactions. This study proposes a novel AI-powered digital arbitration framework that integrates smart contracts, blockchain-based evidence authentication, and explainable artificial intelligence (AI) to automate and modernize the arbitration process. The framework comprises three core layers: (i) a smart contract-based agreement layer that encodes legal terms and self-executing arbitration clauses; (ii) a blockchain-based evidence management layer that ensures the integrity, authenticity, and traceability of submitted evidence; and (iii) an AI-based arbitration engine that classifies, interprets, and evaluates evidence using transformer and LSTM models, supported by SHAP and LIME for interpretability. A controlled experimental setup was implemented using Ethereum and Hyperledger Fabric testnets, with AI models trained on 1,200 annotated arbitration cases. Results demonstrate a 99.5% reduction in arbitration time, a 92.4% agreement rate between AI and expert rulings, and a 99% accuracy in tampering detection. Furthermore, 87.3% of AI-generated decisions were rated as interpretable and acceptable by legal experts. These findings confirm the system’s ability to deliver fast, accurate, and explainable arbitration decisions while complying with legal standards. This research contributes a foundational blueprint for deploying autonomous arbitration systems in digital governance, offering scalable solutions for future applications in smart contracts, e-commerce disputes, and algorithmic legal infrastructure.

The article discusses the problem of increasing the efficiency of legislative technology, which is relevant in the modern domestic legal and forensic linguist expert communities, as well as issues of linguistic interpretation of legal text in the process of law enforcement. The work discusses the so-called controversial cases of interpretation of a normative legal act, when its content is interpreted differently by the participants in the trial, which creates obstacles to the effective operation of the legal system. This issue is considered based on collaboration of the authors - a practicing lawyer and a linguist expert - within the framework of arbitration proceedings. The exemplarity of the proposed case in light of the identified problem is due to the fact that the need to turn to special linguistic knowledge in this case was indicated by the court, which initiated the involvement of a linguist in the arbitration process. The need to obtain a written opinion of a specialist and subsequent clarification of its content in the courtroom is caused mainly by the peculiarities of the syntactic organization of the disputed text, namely the syntactic complexity characteristic of the Russian official business language. The article demonstrates the methodology of linguistic analysis of the text of the decree of the Ministry of Health, including the grounds to the choice of the proposed approach to the study of controversial linguistic material. The method of using linguistic knowledge in the judicial process and the place of the expert's conclusion in the general system of evidence in the case are shown. Using the material of a specific case, the authors identified the problems of modern Russian law-making technology, in particular, the discrepancy between the legal text and the requirements of consistency, unambiguity, clarity, and brevity. The focus of productive interaction between the linguistic and legal communities in the field of law-making is outlined.

This article analyzes recent advances and ethical challenges in aesthetic and reconstructive surgery in Mexico, with comparative insights from Colombia, based on demographic, clinical, technological, pharmacological, and ethical-legal dimensions observed between 2020 and 2024. Results showed that women were the majority recipients of procedures, though participation of men and semi-urban populations is increasing. Body contouring procedures dominated the aesthetic field, amplified by the widespread use of GLP-1 receptor agonists, while reconstructive practice focused on trauma and oncologic cases. Microsurgery remains the cornerstone of complex reconstructions, whereas robotic-assisted and AI-assisted techniques are emerging with promising but limited adoption. Complications were predominantly minor, yet major adverse events and arbitration cases persist, emphasizing the importance of perioperative safety, strict protocols, and robust risk communication. Failures in informed consent and unsatisfactory results were the most frequent causes of litigation, underscoring the role of ethical communication and patient-centered care. These findings suggest that the future of aesthetic and reconstructive surgery in Latin America depends on strengthening ethical frameworks, ensuring equitable access to innovation, and consolidating multidisciplinary collaboration to align technological progress with social responsibility.

This article considers the topical issues of due commercial diligence by taxpayers when selecting counterparties. Particular attention is paid to the analysis of judicial practice under Article 54.1 of the Tax Code of the Russian Federation, the problem of “technical companies” and standards for checking counterparties. On the basis of letters and clarifications of the Federal Tax Service of Russia, as well as arbitration cases, key risks are identified and directions for improving due diligence activities are proposed. Conclusions are drawn as to how commercial due diligence affects risk mitigation when choosing a counterparty in order to ensure economic and tax security of business entities.

Abstract Liquidated damages clauses allocate risk between parties by providing for fixed rate compensation in the event of a breach. Whereas under the common law liquidated damages amounts are generally not subject to adjustment, the civil codes of countries in Europe, the Middle East, and Asia empower decision-makers to reduce and/or increase liquidated damages in certain circumstances. This article surveys 31 international arbitration cases applying the civil codes of 12 countries in which tribunals considered whether or not to adjust the amount of liquidated damages. The authors then propose a two-step framework based on the factors that arbitral tribunals consider before granting or refusing an adjustment request: first, a contractual inquiry into the parties’ intentions underlain by the tension between contract sanctity principles and fairness principles; and second, a factual inquiry into the proportionality of the contractual amount of liquidated damages relative to the actual harm.

In the context of the increasingly complex global trade system, international commercial arbitration, as an important mechanism for resolving cross-border disputes, has become a core factor affecting the effectiveness and enforcement of arbitration based on the issue of "nationality" in its rulings. The aim is to systematically explore the nationality recognition standards and legal application issues of commercial arbitration awards in international trade, filling the gap between the current theoretical system and practical mechanisms. Select relevant rules of international arbitration institutions (such as ICC), Chinese foreign-related arbitration cases, and major international conventions as samples, focusing on how the nationality of arbitration awards affects their arbitrability, fairness, and enforceability. By comparing and analyzing the international theoretical foundation and legal practices at home and abroad, combined with case analysis and treaty provisions research, the conflict and reconciliation between the "statutory jurisdiction of arbitration" and "party autonomy" in nationality determination are extracted. Research has found that nationality not only determines the procedural law applicable to arbitration awards, but also directly affects the international recognition and enforcement of the awards. Although China actively adheres to international rules, there are still institutional ambiguities and legislative lag in the nationality restrictions for arbitrators and the nationality selection mechanism for arbitration awards. In theory, it deepens the legal construction of "arbitration nationality" and expands the application boundaries of international commercial arbitration; In practice, it provides reference for China to build a more neutral and internationally recognized arbitration system. However, the complexity of the parties' game and multiple nationality conflicts in arbitration practice remains a challenge, and in the future, further efforts should be made to promote the international unification of arbitration nationality rules and the localization reform of Chinese arbitration law.

International treaty law, while playing a crucial role in keeping states in check with one another, remains flawed both in terms of its procedural and enforcement measures. States are incentivized not to engage with international actors, like the International Court of Justice, instead choosing to avoid or outright ignore international attempts at dispute settlements for political or sovereignty-based reasons. The South China Sea dispute, involving several states in the Asia-Pacific vying for control over the region, serves as a key example of how nation-states have chosen to take advantage of weaknesses in both international judicial institutions and international law as a broader governing structure. This article seeks to analyze the effectiveness of international law and assess its legitimacy by using the South China Sea arbitration case to identify shortcomings in the procedure and enforcement of international law. It will also delve into how international law and treaty enforcement can be strengthened, including recommendations for changes in dispute resolution procedure as well as the establishment of stronger enforcement mechanisms.

Rwandan courts, including the Supreme Court, have confirmed that a principle known in French as “Le criminel tient le civil en état”, which is provided by the law relating to the criminal procedure and determines the relationship between criminal matter and civil matter that has a public order character. This means that neither the parties to the case nor the court can derogate from it whenever it comes to the knowledge of each. As a consequence, the criminal case has suspensive effect on the arbitration case as a civil case and ignoring this can lead to the award being set aside by a court. However, when it comes to its applicability, courts defer in interpretation on where and when to apply it. The Rwandan Supreme Court, in a case Soras Assurances Generales Ltd v. Tromea Ltd, refused to set aside the arbitral award in 2017, putting some limitation on the applicability where it maintained that this principle does not apply to every civil case involved by criminal action. However, in a case Kalpataru Power Transmission vs. Rwanda Energy Group held on 12.04.2024, the High Commercial Court set aside the arbitral award due to this principle, despite parties citing the Supreme Court jurisprudence in their pleadings, but the court advanced that the limitations are not clearly exhaustive. Therefore, since the Supreme Court did not clearly elaborate in which cases, the principle should be used and in which it should not, the present research, with the support of critical analysis of these two cases, is to probe into which effects the criminal case has on the arbitration case. The article proposes the possible recommendation of which criteria this principle can be applied for the limitation provided by the Supreme Court to be clear and exact.

Abstract This article examines the Deripaska v Montenegro case. I will discuss the award’s two most significant findings on fundamental issues of State succession. First, the Tribunal affirmed that there exists no rule of automatic succession whereby a new State is ipso facto bound by bilateral treaties, including BITs, to which the predecessor State was a party before independence. Second, the Tribunal explained that succession to a BIT is possible based on an express agreement by the parties and, when some conditions are met, by tacit consent from them. The reasoning of the Tribunal on these two points will have long lasting consequences on future arbitration cases.

Abstract Up to now, arbitration in the economy has not been extensively researched. This article uses a selection of arbitration cases from the Rhenish-Westphalian Coal Syndicate during the Nazi era as a basis to examine the practice of arbitration and the resulting change in function of this conflict resolution mechanism. From this perspective, the analysis not only sheds light on the evolution of arbitration into a partially open legal space but also deconstructs the regime’s purported intervention in the syndicate’s autonomous legal framework.

ABSTRACT The global push to include ecocide as an international crime at the International Criminal Court has gained significant momentum. This article critically examines the proposed Law of Ecocide, analyzing its relationship with the often-overlooked yet influential realm of international investment law and arbitration (IILA). We argue that IILA sustains global capitalism, which in turn drives ecocide. By focusing on criminalization, the proposed law risks overlooking the legal corporate practices that cause the most devastating environmental harm. These practices thrive within what David Whyte calls ‘regimes of permission,’ which both enable ecocidal activities and perpetuate neo-colonial power structures. Through a review of key arbitration cases, we illustrate how these legal mechanisms sustain environmental destruction. Ultimately, the article argues that the Law of Ecocide will fail to address IILA’s role in driving ecocide, leaving the most harmful industries and practices unchallenged.

Abstract This paper studies the impact of the arbitrator selection process on consumer outcomes. Using data from consumer arbitration cases in the securities industry over the past two decades, where we observe detailed information on case characteristics, the randomly generated list of potential arbitrators presented to both parties, the selected arbitrator, and case outcomes, we establish several motivating facts. These facts suggest that firms hold an informational advantage over consumers in selecting arbitrators, resulting in industry-friendly arbitration outcomes. We then develop and calibrate a quantitative model of arbitrator selection in which firms hold an informational advantage in selecting arbitrators. Arbitrators, who are compensated only if chosen, compete with each other to be selected. The model allows us to decompose the firms’ advantage into two components: the advantage of choosing pro-industry arbitrators from a given pool and the equilibrium pro-industry tilt in the arbitration pool that arises because of arbitrator competition. Selecting arbitrators without the input of firms and consumers would increase consumer awards by $60,000 on average relative to the current system. Forty percent of this effect arises because the pool of arbitrators skews pro-industry due to competition. Even an informed consumer cannot avoid this pro-industry equilibrium effect. Counterfactuals suggest that redesigning the arbitrator selection mechanism for the benefit of consumers hinges on whether consumers are informed. Policies intended to benefit consumers, such as increasing arbitrator compensation or giving parties more choice, would benefit informed consumers but hurt the uninformed.

Arbitration in Hungary, despite its modern legal framework and strategic location in Central and Eastern Europe (CEE), remains underutilised compared to neighbouring countries such as Austria. This paper explores the reasons behind this trend, examining Hungary’s arbitration landscape, strengths, and challenges. Key factors include legislative interferences, deviations from the UNCITRAL Model Law, and cost concerns. The authors argue that Hungary has a significant untapped potential in arbitration, which could be realised by addressing these challenges and leveraging its rich arbitration culture and favourable legal framework to attract more domestic and international arbitration cases.

Public international law seems to be, prima facie, a part of public law in a common meaning of the word. The present contribution, however, seeks to call into question this widely accepted misconception. It starts from the definition of the very concept of international law as the Law of Nations, which is different from national law, both public and private. The term “Public International Law” is meaningful only in contradiction to the notion of “Private International Law”, dealing with the conflicts of laws (I.). Surprisingly, public international law (PIL) has some common features with the systems of private law. PIL is a horizontal system based on the equality of subjects (i.e. states). From the historical perspective, PIL has been younger than national law and therefore influenced by the latter, in particular through the general principles of law recognized by civilized nations, having the origin in private law. The main sources of PIL (treaty and custom) are very different from the sources of national public law, but have some analogies in private law. Private law origins and analogies are also pertinent in the field of codification of PIL, State succession and the responsibility of States (II.). The last part deals with one of the areas of coexistence or concurrent regulation of PIL and private law, namely that of international investments and loans, where one party to a contract is a sovereign state, while the other party is a private person. The example of one arbitration case before the International Centre for Settlement of Investment Disputes shows a complex nature of such transactions and disputes. The law governing the international (State) contracts may be, according to the choice of law clauses, a combination of PIL and national private law (III.).

Abstract The Paris Agreement’s commitment to achieve net-zero greenhouse gas emissions by 2050 has resulted in an uptick in environmental laws and regulations. However, such state conduct could implicate other legal obligations and norms, including international investment law and international human rights law. The conversation about human rights, net-zero and investment treaties, including arbitration cases and arbitral awards under the treaties, is in its relative infancy. This article examines how investment treaties are equipped to reconcile relevant norms with a particular focus on corporate codes and policies that pronounce broad commitments to protecting human rights and the environment. It establishes certain principles to guide parties and arbitral tribunals as to the codes while recognizing the inevitable challenges they will face.

This study investigates the intricate mechanisms of coercion in international construction contracts amid a rapidly evolving multipolar global order. It analyzes diverse forms of pressure—including economic, administrative, and political measures—that significantly influence contractual relations between state actors and private contractors. The research applies comparative legal analysis, case study methodology, and formal-legal interpretation of international investment agreements and standard FIDIC contracts. Through the examination of key arbitration cases, the study identifies how inadequate contractual safeguards, asymmetric risk distribution, and unilateral actions by public authorities contribute to coercive practices in the construction sector. It highlights the vulnerability of private parties, especially when confronted with state entities acting simultaneously as regulators and contractual parties. The findings reveal critical gaps in the current international legal framework, which often lacks effective preventive or compensatory mechanisms against coercion. The paper offers several recommendations: harmonization of contract terms to ensure clarity and balance; strengthening the enforceability of arbitration decisions involving public authorities; and developing bilateral or multilateral treaties that establish protective mechanisms for investors and contractors engaged in cross-border infrastructure projects. By synthesizing theoretical approaches with practical legal analysis, this study contributes to the ongoing discourse on state responsibility and coercion in international construction law, proposing a structured legal response to an increasingly prevalent global challenge.

In international arbitration, parties autonomy is a vital principle, allowing them to determine how the proceedings are to be conducted, subject to the application of the mandatory regulations of the state where the proceedings are held and, where applicable, the rules of the arbitral institution. In other words, being a technique that is mainly based on the application of the principle of freedom of contract, third party financing (TPF) is often allowed in principle in arbitration cases that are also contractual in nature. The research focuses on the attention paid to financing by third parties in judicial cases, which can be explained by some of the fundamental advantages it entails (respect for the fundamental nature of the right to defense and unrestricted access to justice, patrimonial advantages, etc.). Both plaintiffs and defendants can take advantage of the TPF throughout the procedure, but also afterwards (ie during the execution of the resolution). The analysis of the law in force and the jurisprudence are used to explain one of the key issues fueling suspicion and skepticism about the use of TPF, i.e the method introducing an outsider into the lawyer-client relationship (the third-party funder) whose sole interest and only connection to the dispute is the pursuit of the capitalist objective of making a profit. The papers point out the advantages and the lack of the procedure, in the context of the EU law proposal for a regulation on the topic.

The asset freeze imposed by the United Kingdom(UK) on Roman Abramovich raises a critical legal issue regarding its classification as indirect expropriation under international investment law. A legal gap exists in interpreting economic sanctions as acts of indirect expropriation, particularly their compatibility with protections provided under Bilateral Investment Treaties (BITs). The research addresses whether such sanctions constitute unlawful indirect expropriation and examines the protection of Abramovich’s rights as a foreign investor under international law. Using a normative juridical approach, the analysis draws on international treaties, arbitration case law, and BIT provisions between Russia Federation and the United Kingdom. Findings indicate that the sanctions meet the criteria for indirect expropriation, causing substantial economic loss and disruption to Abramovich’s investments, including Chelsea FC. This paper contributes to the discourse on balancing state sovereignty, regulatory powers, and investor protections, offering insights into the broader implications of politically motivated actions on foreign investments.

Charitable donations are an important manifestation of corporate social responsibility. Current research focuses on the economic effects of corporate donations while ignoring their legal effects in the litigation field. This paper utilizes litigation and arbitration data from A-share listed companies in Shanghai and Shenzhen from 2008 to 2021 to investigate the impact and mechanism of charitable donations on the litigation duration of listed companies. The study finds that: (1) Charitable donation behavior can significantly shorten the litigation duration of listed companies. (2) This effect is particularly significant when listed companies are plaintiffs, but not significant when they are defendants. (3) The negative relationship between charitable donations of listed companies and litigation duration is achieved through reputation mechanisms. (4) This effect is more significant for listed companies located in the Northeast region and regions with a lower degree of marketization when facing civil and arbitration cases. (5) Additionally, by constructing panel data on whether companies are involved in litigation and as defendants, it is shown that corporate charitable donations not only have the function of "compensating" reputation but also serve as a kind of "insurance" for reputation. After robustness tests and overcoming endogeneity issues, the above conclusions still hold. This paper clarifies the implicit interaction mechanism between listed companies and judicial departments, enriches research in the field of organizational reputation theory, and is of significant importance for deeply understanding the motivation of corporate charitable donations.

The Terms of Reference system, as stipulated in Article 23 of the ICC Arbitration Rules, pursues efficiency as its value. However, the defects of the current Terms of Reference system in the definition of new claims, the determination of the content standard of Terms of Reference, and the consistency of its internal logic have hindered the maximization of the efficiency of the Terms of Reference system. From the perspective of law and economics, marginal improvements to the existing Terms of Reference system can effectively improve its efficiency. First, clarify the definition of new claims, distinguish them from modifications of original claims, and define them based on the independence of cause of action and relief sought. Second, revise the logical structure of Article 23 of the ICC Arbitration Rules, eliminate unnecessary logical progression, and make the rules clearer and more specific. Third, introduce the principle of party autonomy, allowing new claims to be included in the arbitration procedure on the basis of consensus between the two parties. Finally, improve the granularity and predictability of the rules by publicizing typical arbitration cases. The optimization of the Terms of Reference system can promote the improvement of commercial arbitration efficiency, promote the improvement of international arbitration rules, and meet the dynamic and realistic needs of international dispute resolution.