On 13 January 2025, the government of Nepal promulgated an ordinance (“Ordinance”) amending the Nepalese Arbitration Act, 1999 (“Arbitration Act”). The Ordinance purports to modernise the arbitration framework, introducing provisions designed to enhance efficiency and align with international standards. While the changes in these provisions represent a positive step forward, the decision to introduce an…
As part of the 2025 Paris Arbitration Week (“PAW”), Latham & Watkins, in collaboration with Columbia Law School, hosted two interactive panels examining key procedural issues in international arbitration from the perspectives of arbitrators, clients, and counsel. The first panel, moderated by Samuel Pape (Latham & Watkins), explored the “whether, why, and how” of facilitating…
(Pictured (L–R): Harriet Foster, Kiran Nasir Gore, Rostislav Kats, Camille Ramos-Klee, Ali Al- Khasawneh) Among the many highlights of PAW 2025 was the session organized by Young ITA (part of the Institute for Transnational Arbitration) and Wolters Kluwer, “DIY: The Essential Toolkit for Arbitration Success.” The interactive program brought together a diverse set of seasoned practitioners…
Factors relevant to the selection of the seat—or place—of international arbitration are generally well-known. Indeed, even clients, long oblivious to the perils of choosing the seat unwisely, are increasingly wary of the importance of giving at least some consideration to what is rightly considered as the single most important choice in arbitration. Yet, as the…
On 11 February 2025, the Federal Ministry of Justice Nigeria unveiled the National Policy on Arbitration and Alternative Dispute Resolution for 2024-2028 (the Policy) to bolster commerce and establish Nigeria as a regional and international arbitration hub. The policy highlights Nigeria’s commitment to embracing global best practices by promoting arbitration and alternative dispute resolution (“ADR”)…
In January 2025, a Full Court of the Federal Court of Australia (“Full Court”) upheld a claim by the Republic of India (“India”) to foreign state immunity from proceedings brought by various Mauritian entities (the “Investors”) to enforce an arbitral award in the Australian courts. The Full Court upheld immunity on the basis of India’s…
On July 15, 2024, Governor Gavin Newsom signed into law AB 1903, which makes two major updates to existing California law helping to ensure that the state remains a sought-after destination for international commercial arbitration. Specifically, it (1) expands what qualifies as a written agreement to arbitrate, and (2) expressly allows tribunals to grant interim…
Last 13th January 2025, the Centre for Arbitration and Mediation of the Brazil Canada Chamber of Commerce (“CAM-CCBC”), the biggest and oldest arbitral institution in Brazil, announced the approval of its new regulation (“Regulation”) on the early production of evidence (“Early Production of Evidence”). This Regulation is based on the jurisprudential understanding, especially of the…
On 20 March 2025, a working group consisting of arbitration practitioners, judges, arbitrators, and academics submitted a report to the French Minister of Justice. The report included proposals to reform French arbitration law to enhance its efficiency and international appeal. These proposals will be presented and discussed during Paris Arbitration Week on 8 April 2025…
Arbitration in Mainland China offers many of the same advantages as arbitration in other jurisdictions, with lower costs and faster resolution. Still, foreign parties rarely choose arbitration in Mainland China, and typically do so only in cases of necessity. In recent years, China has endeavored to improve parties’ perceptions by promoting reforms aimed at opening…
In an attempt to further fortify its position as a leading arbitral institution, the Singapore International Arbitration Centre (“SIAC”) has introduced the 7th Edition of the Arbitration Rules of the SIAC (“Rules”), which came into effect on 1 January 2025. Much has already been written on various aspects of the draft Rules during the consultation…
The UniCredit saga has taken an unexpected turn, and the cascading legal drama shows no signs of abating. The English Court of Appeal (“EWCA”) in its recent decision dated 11th February 2025 (‘‘Revocation Order”) in UniCredit v. RusChemAlliance revoked the earlier granted anti-suit injunction by the EWCA (“ASI Order”), which was affirmed by the UK…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: V.K. Rajah SC, Courting Global Commerce: The Shifting Dynamics Between International Arbitration and International Commercial Courts Globalization continues to flourish through international trade and interconnected economies, despite the rise of economic nationalism. Even…
There is extensive commentary on South Africa’s evolution into a pro-arbitration jurisdiction. Its courts have long issued strong pro-arbitration judgments under the 1965 Arbitration Act (“Domestic Arbitration Act“) and, more recently, under the (relatively) new 2017 International Arbitration Act (“IAA“). Johannesburg also hosted the inaugural Johannesburg Arbitration Week in 2024, bringing together delegates from around the…
Arbitration Act 1996 (“1996 Act”) marked its Silver Jubilee on 31 January 2022, followed by modifications proposed by the Law Commission to uphold its status as a landmark piece of legislation and reinforce London’s position as the premier destination for international arbitration. After review by the Law Commission, on 21 November 2023, the Arbitration Bill…
The Lahore High Court’s recent judgment in SpaceCom International, LLC v Wateen Telecom Ltd 2024 LHC 5494 (“SpaceCom”) is a landmark pronouncement that seeks to establish a balanced and principled interpretation of the New York Convention (“the Convention”). In brief, the Lahore High Court refused recognition and enforcement of a foreign arbitral award on an…
With the increasing scarcity of resources on Earth, in particular the increasing demand for the raw materials that are needed for technologies to combat climate change, legal issues relating to the exploitation of the raw materials of the deep seabed are gaining importance. Even though the United Nations Convention on the Law of the Sea…
The Antrix-Devas saga continues to present twists and turns (see previous coverage on the Blog here, here and here). The latest is the recent decision of the Full Court of the Federal Court of Australia (the “Full Court”) in Republic of India v. CCDM Holdings, LLC & Ors. [2025] FCAFC 2. This decision concerned the…
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA…
First published in 1915, Arbitration now enters a new era, building on a rich legacy while looking towards the opportunities ahead. The upcoming arrival of Issue 91.1—the first issue for 2025—marks the first step into a new chapter, with Prof. S.I. Strong taking the helm as the journal’s new Editor-in-Chief. In her inaugural editorial, Prof….
Arbitration clauses in consumer contracts have recently become a flashpoint in legal debates, especially in California. A major development in this ongoing issue came with the California Supreme Court’s ruling in Berman v. Freedom Financial Network, 13 Cal. 5th 763 (Cal. 2024) (“Berman“), which challenges the enforceability of arbitration agreements that may be seen as…
On January 30, 2025, the Constitutional Court of Chile issued a decision regarding a request for inapplicability due to the unconstitutionality of certain provisions of Law No. 19,971 on International Commercial Arbitration (“Law No. 19,971” or “International Commercial Arbitration Law”).1)Case Nº 15.144-2024, “Requerimiento de inaplicabilidad por inconstitucionalidad respecto de la expresión ‘sólo’, contenida en los…
The highly anticipated English Arbitration Bill has received Royal Assent, with the Bill enacted as the Arbitration Act 2025 (“2025 Act”). The 2025 Act modernises and amends the Arbitration Act 1996 (“1996 Act”), with the substantive amendments coming into force through regulation(s) on a date to be announced. The 2025 Act provides welcome legal clarity…
On 16 January 2025, Advocate General Capeta (“AG Capeta”) rendered her opinion (the “Opinion”) in Case C-600/23 – Royal Football Club Seraing v. FIFA et al. (“RFC Seraing”). She purports to be building upon the 21 December 2023 decision of the Court of Justice of the European Union (“CJEU”) in Case C-124/21 P, International Skating…
