Inside Arbitration Issue 20: Perspectives On Cross-Border Disputes

We are thrilled to share with you the latest interactive issue of this publication from our leading global Arbitration Practice – Inside Arbitration Issue 20.

This is our first edition since becoming Herbert Smith Freehills Kramer. We're delighted to launch this new edition with a transatlantic perspective, featuring insights from our colleagues in the United States. They examine a series of significant arbitration-related appellate decisions handed down by US courts.

This edition continues our tradition of exploring the evolving landscape of international arbitration, shaped by geopolitical developments, sector-specific challenges, and shifting legal frameworks. We begin by considering how private capital investors can seek protection under investment treaties when faced with adverse State action, drawing lessons from recent investor-State disputes. We then turn to climate change and international law, analysing three landmark advisory opinions and highlighting their broader implications for businesses operating across sectors. We also explore the relationship between construction arbitration and insurance claims, showing how arbitration can support a holistic recovery strategy by unpacking the interplay between insurance and the underlying construction contract. In addition, we examine the resolution of construction disputes in the space sector, from procurement through to in-orbit operations, and the unique legal and technical challenges involved.

In our spotlight interviews, we speak with Kerri Ann Law, Co-Head of Litigation in the US, and Chris Parker KC, based in London. They share their professional journeys, what motivates them, and how they spend their time outside of work.

Each article in this edition offers a distinct lens on the role of arbitration in navigating complexity – whether in response to climate imperatives, political risk, or the demands of high-stakes infrastructure projects.

Articles in this edition include:

• A view from the United States: A round-up of significant appellate decisions

Recent rulings address foreign sovereign immunity, the possibility of parties agreeing to subject awards to the set-aside jurisdiction of courts outside the seat of arbitration, and the enforcement of arbitration clauses referencing arbitral institutions that no longer exist.

• Climate change advisory opinions under international law: Sector implications for private actors

While these landmark advisory opinions focus on how States must respond to climate change, they also have important implications for businesses.

• Private capital and political risk: Lessons for dealmakers from investor-State disputes

Investors may seek recourse when evolving policy objectives and changing geopolitics lead to government action which undermines their interests.

• Mission critical: Resolving construction disputes in the space sector through arbitration

From procurement and integration to launch and in-orbit operations, each phase presents distinct legal and technical challenges.

• Damage, defects and delay: The interplay between construction arbitration and insurance claims

Understanding the relationship between insurance and the underlying construction contract is vital to developing a holistic recovery strategy.

• Spotlight interviews with Kerri Ann Law and Chris Parker KC.

Previous issues and articles can be viewed on ourwebsite. We hope that you enjoy reading issue 20 of Inside Arbitration and would welcome any feedback you may have.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.