Commercial Arbitration, Contract Interpretation, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, Investor-State arbitration, Treaty, Treaty Interpretation

(University Paris Est Créteil, France)/ /Leave a comment

Dealing with parallel arbitrations can be very difficult, as it is caught between two conflicting constraints: on the one hand, the need to avoid any denial of justice and, on the other hand, the need to avoid two tribunals dealing with the same issue. This problem sometimes arises in treaty-based investment arbitration, particularly when the…

2025 PAW, Corruption, International arbitration, Paris Arbitration Week

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As part of Day 2 of the 9th edition of Paris Arbitration Week (“PAW”) 2025, Navacelle hosted its third panel titled “Red Flags in Arbitration: Trends and Tools for Addressing Corruption”, this year partnering with Forensic Risk Alliance (“FRA”). The session gathered a distinguished group of leading legal and compliance experts to delve into the…

2025 PAW, Construction, Construction arbitration, Experts, International arbitration, Paris Arbitration Week

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During Paris Arbitration Week (“PAW”) 2025, Diales and CIArb hosted a session titled “Construction Arbitration: Instructing Delay Experts.” The discussion was opened by David Coyne (DIALES) and Jalal (Jil) El Ahdab (Bird & Bird AARPI), who set the scene with reflections on the evolving role of expert evidence in complex construction disputes. The panel featured…

Challenge of Arbitral Award, English Arbitration Act, English courts, English Law, UK

(Wilberforce Chambers)/ /Leave a comment

On 17 January 2025, Mr. Justice Miles handed down judgment in Djanogly v Djanogly [2025] EWHC 61 (Ch), a case involving a long and bitter family dispute between a son, Saul Djanogly (“Son”), and a father, David Djanogly (“Father”). The dispute was referred by ad hoc agreement to the Golders Green Beth Din (“the Tribunal”)….

2025 PAW, Criminal law and arbitration, Investment Arbitration, Paris Arbitration Week

(ESSEC Business School; Paragon Advocacy)/ /Leave a comment

As part of Paris Arbitration Week 2025, ESSEC Business School hosted a roundtable discussion on “The Growing Influence of Criminal Law in International Arbitration.” The event was chaired by Veronika Korom (ESSEC Business School) and moderated by Geneviève Helleringer (ESSEC Business School). The panel brought together an exceptional group of ESSEC alumni active in the…

Arbitration, Arbitration Act, Nepal

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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…

2025 PAW, Document Production, International Arbitration Procedures, Paris Arbitration Week, Settlement

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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…

2025 PAW, Career, Careers in Arbitration, Paris Arbitration Week

(Kluwer Law International) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

(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…

Anti-arbitration Injunction, Anti-suit injunction, Economic Sanctions, English Arbitration Act, Seat of the arbitration

(Osadchiy Dispute Resolution LLP & Queen Mary University of London)/ /Leave a comment

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…

ADR Clauses, Arbitration Agreements, BIT, Nigeria, Nigeria Arbitration and Mediation Act

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 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”)…

Australia, BIT, Commercial Reservation, Enforcement, From Jurisdiction, India, Investment Arbitration, Investor-State arbitration, New York Convention, Sovereign Immunity

, (Banco Chambers)/ /Leave a comment

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…

Arbitration Agreement, Interim measures, United States

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Young California Arbitration (Young CalArb)

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…

Brazil, Latin America

(Demarest Advogados)/ /Leave a comment

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…

English Arbitration Act, France, Law governing the arbitration agreement, Reform, Waiver

(Herbert Smith Freehills)/ /Leave a comment

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…

China, Competence-Competence, Interim measures, Party autonomy, PRC

, , , (Arnold & Porter Kaye Scholer LLP)/ /Leave a comment

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…

Emergency Arbitration, Emergency Arbitrator, Ex Parte Relief, Expedited arbitration, Expedited Proceedings, India, India, Preliminary Orders, Protective Preliminary Orders, SIAC, SIAC Rules 2025, Singapore, Singapore International Arbitration Centre

and (Providence Law LLC)/ /Leave a comment

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…

Anti-suit injunction, English courts, English Law, UK

(EASTLEGAL) and / /1 Comment

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…

Journal of International Arbitration

(ArbBoutique & Queen Mary University of London)/ /Leave a comment

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…

Arbitration Agreements, Arbitration clause, Shareholders Agreement, South Africa

(Herbert Smith Freehills )/ /Leave a comment
Herbert Smith Freehills

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…

English Arbitration Act, International arbitration, Reform

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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…

New York Convention, Pakistan, Set aside an arbitral award

, (RMA & Co.)/ /Leave a comment

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…

Deep Sea Mining, Dispute Resolution, Dispute Settlement, International arbitration, International tribunals, Investment protection, ITLOS, UNCLOS

, , (Transnational Economic Research Center (TELC), Law School, Martin-Luther-University Halle-Wittenberg)/ /Leave a comment

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…

Australia, BIT, Enforcement, India, Investment Arbitration, Investment Treaties, Investor-State arbitration, New York Convention, Sovereign Immunity

(AnchayilKumar)/ /Leave a comment

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…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

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…