…Swiss Supreme Court did in upholding EDF v. Spain award (discussed here). However, the Decision could lead to situations where investors seeking to enforce an award outside the EU, despite…
A recent decision by the People’s Court of Ho Chi Minh City (“Court”)—Decision No. 35/2025/QD-PQTT, dated 26 February 2025 (“Decision 35”)—offers important insights into what constitutes a “commercial” dispute under…
…of awards. India’s 2021 Amendments introduced a condition under Section 36(3) ensuring that when a party challenges an arbitral award on the grounds of fraud or corruption, the court, upon…
…the EU initiated dispute proceedings under Article 739. An arbitration tribunal was formed in November 2024 under the aegis of the Hague-based Permanent Court of Arbitration (“PCA”) and chaired by…
…ECT obligations. The third case note by Anna Salomonsson and Vladimir Poshivalov examines the Svea’s Court of Appeals’ request for a preliminary ruling from the CJEU concerning the impact of…
…a judicial forum. Nonetheless, he was barred from having his day in court by the arbitration clause in his employment contract. A series of precedents from the Supreme Court had…
…he exercised the Governing Council’s delegated authority, an argument that Justice Musa Ssekaana, Head of the Court Civil division of Uganda, rejected. The court found that the Executive Director could…
The Achmea judgment of the Court of Justice of the EU (“CJEU”) declaring intra-EU investment arbitration contrary to EU law has been hotly debated (see previous KAB posts here), but…
…closer to the one existing in international courts, such as the International Court of Justice. Throughout its work, the WGIII examined various options for selecting and appointing adjudicators, including establishing…
…on a variety of themes, issue 91.2 features a standout contribution from Claudia Salomon, President of the ICC Court of Arbitration, whose 2024 Alexander Lecture addressed the role of arbitral…
…rule that the law of the arbitration seat will apply. The Supreme Court of Ghana accepted this approach in the case of Dutch African Trading Company Bv (Datc) v West…
…the court held that Article 54 of the ICSID Convention falls within “prior written agreement” for the purposes of the 1978 Act. According to the court in Infrastructure Services Luxembourg…
…contract was challenged due to insufficient evidence of damage or severity of breach, reflecting the reluctance of the Supreme People’s Court of Hanoi (“Hanoi Supreme Court”) to enforce such clauses…
…court experiences, highlighting the role of the newly established Commercial Court in Baden-Württemberg as an innovation driver. He also reported that the majority of case files are now maintained digitally…
…judicial review of the arbitral award governed by the laws of Jurisdiction A or B? This question was recently considered at first instance by the Supreme Court of Prince Edward…
…which the Court deemed impermissible under Article 38(1) of the ICC Rules. Disproportionality of the Cost Award: The Court held that the disproportionate cost burden allegedly restricted access to justice….
…judicial or arbitral interpretation. A cited example was the annulment of the award in Zaza Okuashvili v Georgia by the Swedish High Court, in which the court ruled that the…
…because, in truth, there are none to draw from yet. The technology is too new, still developing, and barely any court or arbitration cases exist. These guidelines can only respond…
…relief available, and if so, where? A Singaporean court? An emergency arbitrator? What motivates a party to undermine an arbitration agreement, he said, may range from a lack of trust…
In Fiambalá Solar S.A. c/Compañía Administradora del Mercado Mayorista Eléctrico, the Court of Appeals on Commercial Matters of the City of Buenos Aires, Argentina (“Court of Appeals”), ruled that domestic…
Closing this year’s London International Disputes Week (“LIDW”), Skadden, in collaboration with One Essex Court, hosted a panel discussion titled “In Conversation With Clients: Achieving Client Goals Without a Courtroom…
…Insurance case, where the UK Supreme Court (“SC”) fast-tracked the interpretation of policy clauses to resolve coverage issues from the pandemic, easing the burden of repetitive claims on the courts….
…Paulo Court of Appeals. The Court concluded that party autonomy cannot displace the jurisdiction of the courts at the seat to annul the award, much less dodge the exclusive role…
…International Mediation Institute, examined the role of strategic mediation design in cross-border disputes. The discussion featured insights from Mr Justice Waksman (Technology and Construction Court, Commercial Court), Andy Rogers (CEDR),…
