Is there a statute of limitations applicable in France to requests for enforcement of foreign arbitral awards? On 10 December 2024, the Versailles Court of Appeal (the “Court”) responded in the affirmative and ruled that a request was time barred for having been filed more than 5 years after the issuance of the award (Case…
A five-judge Bench (“Constitution Bench”) of the Supreme Court of India (“SC”) recently delivered a landmark judgment in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV) (“CORE-II”), on the validity of unilateral appointment clauses. The SC held that such clauses cast justifiable doubts on the independence and impartiality of arbitral tribunals. The judgment addresses various…
Can a party refuse to participate in an arbitration, and thereafter challenge the arbitral award on the ground that the arbitrator failed to consider a point which was not put in issue? The Singapore Court of Appeal (“CA”) in DEM v DEL [2025] SGCA 1 (“DEM”) decided in the negative on this novel point of…
The subject of unilateral appointment of arbitrators arising from the Supreme Court of India’s (“Court”) three-judge bench decision in Central Organization for Railway Electrification v. ECI SPIC SMO MCML (JV) (“CORE I”), which held that one party’s power to unilaterally appoint an arbitrator was counterbalanced by a choice provided to the counter party to choose…
Dating apps are now a central part of many people’s lives. Yet many users perhaps overlook that use of this kind of app usually comes with an arbitration agreement. Almost all major dating apps—including Bumble, eHarmony, Grindr, Hinge, Match, OkCupid, Plenty of Fish, and Tinder— incorporate broad arbitration clauses in their terms of service (“TOS”)….
2024 marked a period of several significant developments and witnessed some “firsts” for the African arbitration community. Notwithstanding the constantly changing political climate and policies in different countries across the continent, the continued growth of arbitration in Africa remains relentless with exciting events and collaborations as well as judicial, legislative and institutional developments. These events…
The Kingdom of Saudi Arabia (“KSA”) is witnessing a significant surge in construction activity, from leading giga projects (such as NEOM and the Red Sea Project) to being selected as the host of the FIFA World Cup 2034 and Expo 2030. The KSA is now at the forefront of the region in this industry and…
2024 proved to be a pivotal year for the development of arbitration in Pakistan, driven by the government’s concerted efforts to reform Pakistan’s arbitration framework. Legislative developments therefore took the centre stage. Key developments also included important judicial decisions under the existing regime. Legislative Reform The most significant development was the unveiling of the…
In the case of Parkdenton Ltd v Euro General Retail Ltd t/a EuroGiant [2024] IEHC 387 (Nolan J) a set aside application pursuant to two of the four grounds as per Article 34 of the UNCITRAL Model Law was rejected by the High Court. The application sought to set aside an arbitration award on the…
As part of the 2024 Year in Review series, this post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2024. The 2024 decisions provide welcome (and, in some case, vividly debated) clarifications on the issues of the tribunal’s jurisdiction, the arbitrator’s impartiality, the remedy of revision and the enforcement…
Continuing with the trend of previous years, 2024 saw continued development throughout the region. In Australia, we saw an influx of meaningful, pro-arbitration court decisions, in the Pacific Islands, we saw the strengthening of legal frameworks, and in New Zealand, we saw a clarification of public policy considerations. We delve into these standout developments and…
Can an arbitral tribunal revisit issues of liability after rendering an interim award in bifurcated proceedings? This was the question put to the High Court of Australia (the “Court”) in CBI Constructors Pty Ltd & Anor v Chevron Australia Pty Ltd [2024] HCA 28. In a judgment considering the concepts of finality and functus officio…
Following the Blog’s established tradition, this post provides an overview of key developments in the field of arbitration in a selection of jurisdictions in Eastern Europe. This year’s highlights include significant legislative improvements, far-reaching judicial decisions from domestic courts, including the evolution of Russia’s counter-sanctions regime, and a potentially consequential ruling by the European Court…
The Middle East and North Africa (“MENA”) region entered 2024 amidst continuing political and economic instability. In spite of these challenging circumstances, the past year brought significant advancements in the international dispute resolution space—building on those already achieved in 2023. 2024 saw Abu Dhabi launch the brand new Abu Dhabi International Arbitration Centre (as discussed…
Just over 4 months after its previous landmark ruling of 26 July 2024, the Russian Supreme Court continues its crusade against “hostile” or “unfriendly” arbitration forums under the so-called Lugovoy Law (Articles 248.1 and 248.2 of the Russian Arbitrazh (commercial) procedure code). On 28 November 2024, the Supreme Court issued a new ruling in which…
In a year marked in France by the Paris Olympics and political instability, 2024 proved to be somewhat less eventful in terms of arbitration-related developments than previous ones (see 2023, 2022, 2021, and 2020). New trends and reforms are also on the horizon. This post aims to review some of this year’s noteworthy developments. …
Despite the timid growth rate estimated at 1.9%, the lowest among all global regions, the year 2024 has been pivotal for commercial arbitration in Latin America, marked by significant legislative and institutional developments. Countries like Brazil, Argentina, Uruguay, Peru, and Costa Rica introduced reforms aimed at enhancing transparency and flexibility in arbitration practices. These changes…
Say that Party B sues Parties A and C in a court in Jurisdiction X, notwithstanding an arbitration agreement between Parties A and B that covers “all disputes, controversies or claims arising out of or in connection” with their contract. Parties A and C then turn to Jurisdiction Y, the seat of arbitration, for an…
This past year brought significant developments in international arbitration across East and Central Asia, shaping the region’s dispute resolution landscape. China’s latest draft amendment to its Arbitration Law introduced key reforms but was seen by many as representing a conservative shift from earlier proposals. Japan and Azerbaijan modernized their national arbitration laws to align with…
The Qatar International Centre for Conciliation and Arbitration (“QICCA”) has recently introduced new arbitration rules, effective from 1 January 2025 (“2024 Arbitration Rules”). These revised rules are aligned with global best practices and aim to enhance the efficiency, transparency, and flexibility of the arbitration process, solidifying QICCA’s position as a leading international arbitration institution within…
Sir David Williams KC is an Associate Member of Bankside Chambers, Auckland, New Zealand. Sir David is a former Justice of the High Court of New Zealand, the High Court of the Cook Islands, and the Court of the Dubai International Financial Centre. Since 2005, Sir David has been consistently praised as “one of the…
The doctrine of sovereign immunity has long been a cornerstone of international law, shielding states from enforcement actions. Sovereign immunity can be subdivided in two: immunity from jurisdiction and immunity from execution. While immunity from jurisdiction means that domestic courts are prevented to hear and decide cases involving another sovereign state, immunity from execution precludes…
On the opening day of the inaugural Japan International Arbitration Week, November 18, 2024, YSIAC held a panel discussion titled “Arbitration as an Advantage: Strategic Use of International Arbitration for Business Success,” in Tokyo, Japan, bringing together leading in-house counsel and private practitioners to discuss the strategic use of international arbitration by companies across various…
Latin America continues to be a hotspot for investment arbitration. In 2024, investment arbitration in Latin America saw significant activity and notable developments. In addition to seeing a steady increment in arbitration cases, 2024 witnessed important legal reforms and evolving trends that are reshaping the region’s approach to investment and investor-State dispute settlement (“ISDS”). This…
