…or litigation for dispute resolution while restricting the other party in its options, have historically been deemed invalid under Article 7 of the PRC Supreme People’s Court’s Judicial Interpretation on…
…the aftermath of the economic downturn, eventually triggering investors to initiate arbitrations alleging breach of the Energy Charter Treaty (“ECT”). Although many investors received awards, the Supreme Court of Spain…
…UAE Arbitration Law was issued, some commentators expected that courts would continue to require witnesses to take an oath. Recent Court Decisions At present, not enough court decisions have…
…of arbitral awards. On 28 November 2023, Justice Humberto Martins, from the Superior Court of Justice (“STJ”) issued a new decision on the duty to disclose. It concerns an arbitration…
…to take recourse to the national court. Section 44(5) has been defining the relationship between the court and the arbitral tribunal/institution, suggesting when the court may or may not intervene….
…court and involve a plaintiff, suing a defendant, with the court required to issue a reasoned judgment. Pursuant to a request, the court is only required to issue an ‘order’…
…opposing polar positions. One group proposed the immediate end of ISDS (effectively, investment treaty arbitration) and return to state courts or the creation of a new permanent multilateral international court….
…setting aside proceedings for arbitral awards. Following the Constitutional Court’s judgment of 23 February 2023 that the mechanism of court control over arbitration proceedings was incomplete, significant amendments are being…
…Court Decision Similar to the Louisiana Court, the Singapore Court decision concerned a DIFC-LCIA arbitration agreement entered into before the Effective Date. However, unlike the Louisiana Court decision, which dealt…
…during the transition phase, urging for responsible emission management. In her contribution, Jacomijn van Haersolte-van Hof, the Director General of the London Court of International Arbitration (“LCIA”) brought attention to…
On 5 February 2024, the Dubai Court of Cassation (“DCC”) issued a judgment in Commercial Case No. 821/2023 (“DCC Judgment”). It upheld an earlier judgment of the Dubai Court of…
…Bridget McCormack. Honorable McCormack served as the Chief Justice of the Michigan Supreme Court and is currently the President and CEO of the American Arbitration Association – International Center of…
…seated abroad. However, in 2021 the Beijing Fourth Intermediate People’s Court (quipped as having a similar status to the U.S. District Court for the Southern District of New York in…
…White & Case Paris, Bernard Hanotiau of Hanotiau & Van den Berg and Court Member of the Singapore International Arbitration Centre (“SIAC”), and Christine Artero of Arbitration Chambers, Singapore—who all…
…2020 its Supreme Court allowed the enforcement of the Micula award during the Brexit transition period. Finally, Mr. Nessi presented the out-of-court strategies of EU investors targeting sovereign debt instruments…
…of Arbitration for Sport (“CAS”) arbitration in Lausanne, Switzerland, with the exclusive challenge to the CAS award lying to the Swiss Supreme Court. The reinforcement of the EU competition law…
…On 11 January 2000, the Antimony Smelter was awarded to Colquiri. Due to certain fraudulent practices of RBG, the High Court of Justice in London ordered its liquidation on 3…
…or (c) incapable of being performed. Unless these grounds are established, Indian courts ought to refer parties to arbitration. The Supreme Court of India has in, inter alia, Sasan Power…
…sparingly. In Leviathan Shipping Co Ltd v Sky Sailing Overseas Co Ltd [1998] 4 HKC 347, the Hong Kong court emphasised that court-ordered interim measures should only be granted in…
…law. Second, the InterAmerican Court of Human Rights (IACHR) has been asked to clarify State obligations in the context of the climate emergency. Third, the International Court of Justice (ICJ)…
…Contradictory Case Law and the Need for an Interpretative Judgment As discussed in a previous post, in a 2018 judgment, the Bulgarian Supreme Court of Cassation (“BSCC”) made a ruling…
…Such was the case in JSC Uraltransmash v. PESA, where the Russian Supreme Court held that Russian courts had exclusive jurisdiction over disputes involving sanctioned entities and that anti-suit injunctions,…
…International Court of Arbitration (“ICC“) and the London Court of International Arbitration (“LCIA“), further bolster South Africa’s attractiveness as an arbitration seat. An analysis comparing the years before and after…
…for the morning of 9 April, it promises to provide a deep dive into regional dynamics and developments. The session hosted by 39 Essex and AFSA International Court titled “Integrity…
