Jake Lowther

Jake Lowther is an Australian-qualified lawyer with a particular interest in arbitration. Beginning his career at Ashurst, Jake has experience in employment disputes, M&A transactions and construction disputes. He is currently working in Stockholm at the Nordic-Baltic law firm Magnusson.

In this paper, I will consider these questions with a particular focus on the Kleros dispute resolution procedure, the requirements of recognition and enforcement of foreign arbitral awards under the Convention, the issue of digital awards and signatures and then consider the relevant law in a geographic region experiencing large amounts of foreign direct investment and strong growth in the use of arbitration and ADR services, namely the Asia-Pacific.

I will consider the elements of a Kleros decision and apply them to the criteria set out by the New York Convention and other relevant international legal instruments. I will then focus on the jurisdiction of Sri Lanka, which can be seen as a jurisdiction that may meet all the necessary criteria and that belongs to the aforementioned region, as part of my analysis as to where, if at all, a Kleros decision might be legally enforceable.

I will also consider the amendments may be needed to a Kleros dispute resolution agreement to ensure any subsequent Kleros decisions will comply with all necessary formal and informal requirements, including in respect to the often-cited concerns related to “public policy”.