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

/ /3 Comments

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…

Arbitration, CIArb

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Emory University), , (Chartered Institute of Arbitrators), (Queen Mary University of London), and (Three Crowns)/ /Leave a comment

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 Agreement, Arbitration Agreements, Consumer contracts, Consumer disputes, Federal Arbitration Act (FAA)

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Young California Arbitration (Young CalArb)

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…

Annulment, Chile, Enforcement, International Commercial Arbitration, Latin America

(Independent Arbitrator)/ /Leave a comment

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…

Arbitration Act 1996, Arbitration Act 2025, England, English Arbitration Act, English Law, LCIA, LCIA Arbitration, LCIA Rules, Uncategorized

(London Court of International Arbitration (LCIA))/ /Leave a comment

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…

CAS arbitration, CJEU, EU Law, New York Convention

(Landolt & Koch)/ /1 Comment

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…

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:   Philippa Webb, Immunities and States’ Alter Egos Comparing the approach to the alter ego doctrine in the United States (“US”) with approaches taken in the United Kingdom (“UK”), Canada, Switzerland and Australia reveals…

Greece, ICCA, Israel

(International Council for Commercial Arbitration)/ /2 Comments

Reflecting the ever-evolving landscape of international commercial arbitration, the latest edition of the ICCA International Handbook on Commercial Arbitration covers significant legislative developments from Greece and Israel, both of which have enacted new laws modernizing and aligning domestic frameworks with international standards.   Greece’s Embrace of the UNCITRAL Model Law Greece has recently made significant…

Arbitration, Arbitrators, CRCICA, Egypt, Institutional Rules, MENA

(Independent Arbitrator)/ /Leave a comment

The latest 2024 arbitration rules of the Cairo Regional Centre for International Commercial Arbitration (“CRCICA”) have been in force since 15 January 2024 (“2024 CRCICA Rules”). As discussed in a previous post, the amendments introduced by the 2024 CRCICA Rules greatly promote CRCICA’s desirability as one of the leading arbitration institutions in the Middle East…

English courts, English Law, Freezing Orders, Injunction, UK

(Quinn Emanuel Urquhart & Sullivan UK LLP)/ /1 Comment

The freezing injunction, famously referred to as one of the law’s “nuclear weapons,” is a remedy developed for the purposes of preventing a judgment debtor (or potential judgment debtor) from unjustly dissipating their assets so as to prevent the judgment made against them from being enforced. This post explores how post-award freezing injunctions can be…

Camera Arbitrale Milano, Interim measures, Italian law, Italy, Reform

, (Freshfields)/ /Leave a comment

For decades, Italy was one of the very few countries in the world that prohibited arbitrators from granting interim relief. The situation changed in 2022 with the so-called “Cartabia” Reform, named after Professor Marta Cartabia, Italy’s Minister of Justice at the time and former president of the Constitutional Court (see also discussion here). Thanks to…