The Irish High Court (“the High Court”) in a recent decision in Jephson & Jephson v. Aviva Insurance Ireland DAC [2024] IEHC 309 (“the Jephson decision”) made an Order to lift a stay previously made on court proceedings where there was an arbitration agreement. The judgment to lift the stay previously granted is an unusual…
Several recent developments across the EU portend increased availability of third-party funding by parties to EU-seated arbitral proceedings, albeit within a context of regulation of that funding beyond the self-regulatory approach of funder codes of conduct or the rules of funder organizations. Legalisation of Third-Party Funding of International Arbitration in Ireland Ireland, the only…
The 11th annual Dublin International Arbitration Day took place on 17 November 2023 at the Distillery Building, Dublin 7. A conference famed for its action-packed schedule, range of panels on hot topics, and eminent supporters, the event was exceptionally well attended by international and domestic attendees with one of the biggest turn-outs yet. Keynotes from…
By a 4-3 majority, the Irish Supreme Court held in Costello v Government of Ireland that the Constitution precludes Irish ratification of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union and its member states. Inevitably, the decision has been compared with Achmea and CJEU Opinion 1/17. This post looks at…
