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Dispute Resolution International (DRI)

Friday 14 June 2024

About Dispute Resolution International (DRI)

Dispute Resolution International is the journal of the IBA's Dispute Resolution Section. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.

Dispute Resolution International is edited by Kim Rooney, an independent arbitrator and barrister at Rede Chambers, Hong Kong. Kim is assisted by an Editorial Board comprising leading practitioners from around the world.

Dispute Resolution International is distributed to all members of the IBA Dispute Resolution Section, giving it a readership of approximately 4,000. It is published twice a year and was launched in May 2007.

If you are interested in contributing to Dispute Resolution International, please contact Kim Rooney at: kim.rooney@redechambers.com and Chloe Woodhall at chloe.woodhall@int-bar.org.

If you are not a member of the IBA, you can find out more about how to join here.

If you are interested in advertising in Dispute Resolution International, please email Andrew.Webster-Dunn@int-bar.org

Members of the Dispute Resolution Section committees receive Dispute Resolution International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 2075 5333
Pricing: £80 per issue
£161 per year, two issues per year
Five per cent agency discount available on annual subscription

Latest Issue - Vol 18 No 1 May 2024

Countries across the world are grappling with how to deal with the rapid developments in Artificial Intelligence (AI) and its uses. In this article we analyse three such jurisdictions: the UK, Singapore and India. A common theme that prevails across these jurisdictions is the focus on principles and guidelines instead of straitjacketed regulations that tend to be more inflexible. Another common theme is the reluctance to adopt AI tools that serve to replace human decision makers. Some of these approaches are still evolving – particularly in a country like India where the burgeoning case load may yet make way for automated resolution for small value claims.

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There are different types of equitable estoppel under English law including promissory estoppel, estoppel by convention and proprietary estoppel. In this article the various types of estoppel under English law are considered and the doctrine of proprietary estoppel in the context of the creation of a trust is discussed. The English doctrine of equitable estoppel is compared to the principle of promissory estoppel in United States law, including the superimposition of the Statute of Frauds. Its protection of the principle of equitable estoppel has extended to the mixed jurisdiction of Louisiana which has adopted the civil law remedies which are equivalent and lead to similar outcomes.

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The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

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This article provides an overview of developments in international arbitration in Mainland China amid the absence of amendment to the 1995 PRC Arbitration Law. It explores China’s gradual transition towards becoming a more arbitration-friendly jurisdiction through judicial rulings on individual cases. Chinese courts are actively shaping the legal landscape to meet the demands of a growing international arbitration market. Key topics covered include the validity of arbitration agreements, the treatment of incomplete arbitration clauses, the adoption of the seat of arbitration, the interpretation of foreign-related factors, the adoption of international guidelines and soft law. This article discusses the significant role review of ICC cases by PRC Courts has played in the development of the legal principles applicable to foreign related and international arbitration cases conducted in Mainland China.

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Open access articles

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.

Released on Jun 02, 2021

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Seven Months

In 2020, most of the world’s countries have had to respond to the severe disruption caused by the Covid-19 pandemic, which emerged in late December 2019 (the ‘pandemic’). The pandemic poses enormous health and socio-economic challenges. As of September 2020, it is not known when the pandemic will end; some countries are already experiencing further waves of infection. Globally, judiciaries and arbitral institutions have been under great pressure to continue operating during the pandemic [...]

How to order

Members of the Dispute Resolution Section committees receive Dispute Resolution International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 2075 5333
Pricing: £80 per issue
£161 per year, two issues per year
Five per cent agency discount available on annual subscriptions

Guidelines for authors

Copyright and Disclaimer

Copyright: The IBA holds copyright in all articles, newsletters and papers published by them. If you wish to reproduce or distribute any IBA publication or any part of an IBA publication, permission must be requested in writing from the Managing Editor at editor@int-bar.org, and due acknowledgment given.

Disclaimer: The views expressed in journals, newsletters and papers are those of the contributors, and not necessarily those of the International Bar Association.