For U.S. companies investing in foreign markets, the allure of new opportunities is often tempered by the inherent risks associated with operating in different sovereign jurisdictions. When a host state's actions—be it a sudden regulatory change, a discriminatory measure, or an outright expropriation—adversely impact a

U.S. businesses expanding into foreign markets make substantial contributions to global commerce, but such international ventures are not without risk. Beyond typical commercial challenges, foreign investments can be vulnerable to adverse actions by host state governments, such as discriminatory regulatory changes, outright expropriation of assets, or the denial of

The international construction industry, responsible for some of the world's most ambitious and complex projects, is no stranger to disputes. The sheer scale, long durations, multiplicity of stakeholders, and inherent uncertainties in these endeavors mean that disagreements are almost inevitable. While international arbitration remains the ultimate forum for

The global construction industry stands as a titan of modern commerce, undertaking vast and intricate projects that span continents and involve a myriad of stakeholders. From towering skyscrapers and complex processing plants to vital infrastructure like bridges, tunnels, and transportation networks, these endeavors are inherently susceptible to disputes. Given the

The finality of arbitral awards is a cornerstone of international arbitration, and national courts are generally expected to exercise only limited scrutiny when asked to set aside such awards. Japan's 2003 Arbitration Law, which is based on the UNCITRAL Model Law, reflects this principle by providing an exhaustive

Japan's 2003 Arbitration Law, closely aligned with the UNCITRAL Model Law on International Commercial Arbitration, was a significant step in modernizing the country's framework for resolving commercial disputes and enhancing its attractiveness as a seat for international arbitration. A key aspect of any robust arbitration regime

International arbitration is often chosen for its perceived efficiency and the expertise of its arbitrators. Key to this efficiency is the adherence to procedural timelines, including those for rendering an arbitral award. Most institutional arbitration rules set forth expected, and sometimes extendable, periods within which a tribunal should issue its

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is the bedrock of international arbitration, facilitating the enforcement of awards across borders in over 170 signatory states. However, the Convention also provides limited grounds upon which a national court may refuse to recognize or enforce an

International arbitration is prized for its efficiency, finality, and the limited scope for judicial interference. The U.S. Federal Arbitration Act (FAA) embodies this principle by providing narrow, specific grounds upon which a federal court may vacate or modify an arbitral award. However, for years, a significant debate simmered in

International arbitration is founded on party consent. Arbitral tribunals derive their authority solely from the arbitration agreement and the scope of the dispute submitted to them by the parties. A fundamental principle underpinning the legitimacy and enforceability of arbitral awards is that the tribunal must act strictly within the confines

In international arbitration, particularly in disputes involving technical or construction matters, site inspections and expert examinations can be crucial for the arbitral tribunal to understand the facts and assess the evidence. A fundamental tenet of due process is the right of parties to be heard and to confront the evidence

For businesses engaged in international arbitration, particularly those seated outside the United States, accessing evidence located within the U.S. can be a critical challenge. One unique statutory tool, 28 U.S.C. § 1782, has long been a subject of debate and strategic consideration. This provision allows U.S. federal

The landscape of international dispute resolution is continually evolving, with parties and practitioners increasingly exploring hybrid processes that combine elements of different mechanisms to achieve efficient and tailored outcomes. One such hybrid is "Med-Arb," where mediation is attempted within the framework of an ongoing arbitration, often with the

Party autonomy is a foundational principle in international arbitration, granting businesses considerable freedom to tailor dispute resolution mechanisms to their specific needs. This includes choosing the procedural rules that will govern the arbitration and, often, an institution to administer it. But what happens when parties, in their quest for a

India's rise as a global economic powerhouse has made it an increasingly important partner for international businesses, including those from the United States. With this growing engagement comes the inevitable prospect of commercial disputes. For decades, the landscape for international arbitration involving Indian parties or seeking enforcement in

In international arbitration, an award typically orders one party to pay a sum of money or perform a specific act. However, arbitral tribunals can also issue "declaratory awards," which simply declare the rights and obligations of the parties without ordering any specific performance or payment. A common example

International commercial projects and transactions are increasingly complex, often involving multiple stakeholders, numerous interconnected contracts, and diverse interests. When disputes arise in such multi-party scenarios, the traditional bilateral model of arbitration—one claimant versus one respondent, each appointing an arbitrator—faces significant challenges. The process of constituting an arbitral tribunal,

Party autonomy—the freedom of contracting parties to shape their own dispute resolution process—is a cornerstone of international arbitration. A key manifestation of this principle is the ability of parties to choose their arbitrators, or at least the criteria for their selection. However, this autonomy can come into tension

Investment treaty arbitration, particularly under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), provides a critical mechanism for foreign investors to seek redress against host states for breaches of international investment agreements (IIAs), most commonly Bilateral Investment Treaties (BITs). A cornerstone of the ICSID system is

The arbitration clause: often a few short paragraphs in a lengthy international contract, yet it holds the power to dictate how and where disputes worth millions, or even billions, are resolved. Despite its critical importance, the arbitration clause is sometimes hastily drafted or overlooked, leading to what are termed "

In the realm of international commerce, the arbitration clause is arguably one of the most critical yet often underestimated components of a contract. Frequently relegated to the "boilerplate" section and hastily negotiated at the eleventh hour – a phenomenon sometimes dubbed the "midnight clause" syndrome – its profound

For decades, Japan has been a significant player in the global economy. As U.S. businesses continue to engage in substantial trade and investment activities with Japanese counterparts or within Japan, the framework for resolving commercial disputes takes on critical importance. While Japan historically had a reputation for favoring litigation