…advancements, an independent Court of Arbitration (“Court”) has been established within the Centre, overseeing the proceedings administered by the Centre and ensuring adherence to the Rules and applicable laws. The…
…become the “place of arbitration” considering its location. Only after the joint agreement of the parties to the ADGM Court’s Jurisdiction, the ADGM Court decided that the UAE Federal Arbitration…
…the most famous and important cases before the courts at the moment is Luciano Lliuya v RWE AG (Case No. 2 O 285/15 Essen High Court). Luciano Lliuya is a…
…Secondly, the tribunal was called to reflect on the application of the Monetary Gold principle, as outlined by the International Court of Justice (ICJ), in investment arbitration. Recalling the case…
…Morallos said we might be facing a world of extremes, with either more states withdrawing from BITs or finally having a consensus on the creation of a multilateral investment court….
…the Jiangsu Province Wuxi Intermediate People’s Court regarding the refusal to set aside a CIETAC award rendered in proceedings funded by IMF Bentham Limited. The court concluded that the funding…
On 1 November 2023, the English High Court (“EWHC”) delivered its decision in Hulley Enterprises Limited v. Russian Federation. The EWHC dismissed the jurisdictional challenge raised by the Russian Federation…
…recent International Skating Union (“ISU”) decision, found that the standard of review applied by the Swiss Federal Court (“SFC”) to mandatory arbitration awards by the Court of Arbitration for Sports…
…District Courts (which are at the second level in a three-level court system consisting of the Supreme Court, the District Courts, and the Magistrate Courts). Following the amendment, the courts…
…of the Zhejiang Higher People’s Court. In that decision, the Court held on the facts that it was “impossible to infer a specific arbitration institution”. Philip Jeyaretnam J considered that…
…without substance and clear beyond question that the claim, defence or issue is contradicted by all documents or other material available. The English Court will also consider whether further evidence…
On 23 October 2023, the English High Court handed down a landmark decision setting aside a USD 11 billion arbitral award (the final award) obtained by a British Virgin Islands…
…In this regard, the Court of Justice of the European Union (“CJEU”) was requested to rule on the scope of the arbitration exclusion. In particular, the absence of a definition…
…Court of Appeals will confirm the decision of the first instance court and, if the case proceeds to arbitration, it will be interesting to see how the ICSID tribunal will…
…The arbitrator based his finding on the jurisprudence of the Swiss Supreme Court, which allows extension of arbitration clauses to nonsignatories only when the party seeking an extension is entitled…
…(Article 27). This will allow parties to opt for post-award litigation in English before the Netherlands Commercial Court, even after the award is rendered. Quality improvements The NAI Rules…
The UK Supreme Court (“UKSC”) in Tui UK Ltd v. Griffiths [2023] UKSC 48 recently considered the question whether a party must challenge a witness and expert evidence in cross-examination…
…Arbitrazh Court, Russian Federation), Hall Steel Company v. Metaloyd Ltd. (District Court, Eastern District of Michigan), Drummond Ltd. v. Instituto Nacional de Concesiones (Supreme Court of Justice, Colombia) and Alcatel…
…adopt several practices found among leading arbitral institutions. In particular, the Arbitration Rules establish an SCCA Court, an administrative body which will supervise arbitrations, and which may appoint or remove…
On December 8, 2023, a Permanent Court of Arbitration tribunal composed of José Emilio Nunes Pinto (president), Guido Tawil, and Claus von Wobeser issued its final award in Mota Engil…
In a recent case, FCM Investments LLC v. Grove Pham LLC (“FCM v. Grove Pham”), the California Court of Appeal, Fourth Appellate District, Division One (the “Court”) vacated an arbitral…
This piece deals with the recently established Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC). It addresses some key concerns surrounding the risk of unenforceability of…
…Court was called to rule upon whether EU law (and the relevant case law of the Court of Justice of the EU [“CJEU” or “the Court”]) should prevail over the…
…fossil fuel and other extractive industries (UN Report, ¶¶ 3-9). Similarly, Soubeste and Others v. Austria and 11 Other States, a pending case before the European Court of Human Rights,…
