International arbitration report

This issue has a particular focus on two of the hottest topics impacting the global economy – the energy transition and the emergence of artificial intelligence. In relation to the energy transition, we look at the impact of policies adopted by states to meet their obligations under global climate change agreements, and how this can create tension with those states other obligations to foreign investors under investment treaties, including the obligation to provide regulatory stability and predictability.

This issue also provides two different and original perspectives on artificial intelligence in arbitration proceedings focussing on the case for regulating the use of AI and the lessons to be drawn from the use and misuse of AI before the national courts, particularly in relation to issues such as arbitrator selection, document production and evidence processes and challenges to arbitral awards.

We examine compelling witness testimony under the 1996 Arbitration Act and navigate the inherent risks in compelling an uncooperative witness to give evidence in the hope that evidence will support the case at hand. Our lawyers then examine an extraordinary judgment from the English High Court on October 23, 2023, and how Nigeria successfully challenged a US$11 billion arbitral award under Section 68 of the Arbitration Act 1996 (the Act). We provide observations in respect of the arbitration proceedings.

As always, this issue also contains insight drawn from the firm’s practitioners based in our global dispute resolution hubs, including the Middle East, Indonesia and Australia.