In a significant decision issued on 24 June 2024 (Case No. 200 of 2023), the Bahraini Court of Cassation (“Court of Cassation”) reaffirmed the centrality of arbitral autonomy by upholding the principle of Kompetenz-Kompetenz. This doctrine, foundational in international arbitration, empowers arbitral tribunals to rule on their own jurisdiction, including disputes over the existence or…
Pakistani Courts typically employ an expansive interpretation of the term ‘public policy’ when determining arbitrability of an international dispute or the enforcement of foreign arbitral awards. As a consequence, in recent years, some of the awards (with political and monetary importance for Pakistan) from international arbitral tribunals have been denied enforcement by the Pakistani Courts….
Anti-suit injunction (“ASI”) cases have risen in number in the United Kingdom (“U.K.”) over the last two decades. Sanctions imposed by various States, including the European Union (“EU”) and the U.K., have been in place against Russia for about half of this period in light of its invasion of Ukraine and the on-going Russia-Ukraine war…
This is the third post in ICCA’s series of posts focused on international arbitration in Africa in the lead up to the ICCA-KIAC joint conference “Africa & International Arbitration: Untold Stories,” taking place in Kigali on 5 June 2025. Introduction Over the last two decades, Africa has experienced robust economic growth, increasing its appeal…
A few years ago, the government of Uganda embarked on Rationalization of Government Agencies and Expenditure (RAPEX) Reform to eradicate structural and functional duplications, mandate overlaps, and expenditure deemed uneconomical. As such, over 31 bills have received presidential assent, drawing the curtain on agencies that were either absorbed by the line ministries, merged with others…
As defined by Mister Fantastic in the Marvel Cinematic Universe, “[a]n Incursion occurs when the boundary between two universes erodes and they collide, destroying one or both entirely.” In the realm of commercial disputes, a similar incursion has taken place for some time between two competing legal regimes — arbitration and insolvency. In the recent…
Can a court interfere with an administrative decision of an arbitral institution? In this article, we discuss the recent decision of DMZ v DNA [2025] SGHC 31 (“DMZ”) in which the Singapore High Court (“SGHC”) ruled that courts cannot intervene in decisions of the SIAC Registrar (“Registrar”) and reaffirmed the principle of minimal curial intervention…
Data protection laws and regulations are generally mandatory and apply anytime personal data is processed, including the methods, locations and times that personal information may be processed. However, such laws and regulations do not expressly or explicitly address data protection in arbitration proceedings. On 27 November 2022, the National Assembly of Tanzania passed the Personal…
This is the second post in ICCA’s series of posts focused on international arbitration in Africa in the lead up to the ICCA-KIAC joint conference “Africa & International Arbitration: Untold Stories”, taking place in Kigali on 5 June 2025. Introduction The concept of immunity operates in distinct legal contexts. Under international law, it functions as a protection…
On 3 January 2025, the Constitutional Court of Indonesia (“Constitutional Court”) issued Decision No. 100/PUU-XXII/2024 (“Decision 100”) which declared certain wording in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (“Arbitration Law”) to be unconstitutional. This post examines how Decision 100 reduces ambiguity regarding the nationality of awards and minimizes situations where…
Critical minerals have recently become one of the most sought-after commodities. The clean energy transition and national security concerns have only boosted their demand. According to the International Energy Agency (“IEA”), the demand for critical minerals in 2023 experienced strong growth, with lithium demand rising 30% and demand for nickel, cobalt, graphite, and rare earth…
The takeover of the Chinese-owned British Steel Limited by the UK Government under the Steel Industry (Special Measures) Act 2015 can lead to the submission of a dispute to investment treaty arbitration under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic…
In February 2025, the Court of Appeal of England & Wales unanimously dismissed Russia’s appeal against the English High Court’s decision that issue estoppel applies to its determination of the applicability of exceptions to state immunity under the State Immunity Act 1978 (“Immunity Act”) (“CoA Decision”). The case forms part of long-running, multi-jurisdictional proceedings surrounding…
Unilateral option clauses (“UOCs”), also known as asymmetric or split arbitration clauses, grant one party the exclusive right to choose between litigation and arbitration while binding the other party to a single dispute resolution mechanism. These clauses are particularly common in financial and commercial contracts, where they are often employed by the stronger party to…
The ICCA-KIAC Conference is approaching, taking place on 5 June 2025, in Kigali, Rwanda. It will focus on the theme “Africa & International Arbitration: Untold Stories” and discuss legal reform processes being implemented across the continent to overcome historical obstacles, explore current challenges and opportunities for commerce, trade and investment in the region, and predict…
On Day 3 of the 2025 Paris Arbitration Week (“PAW”), Nyenrode University organized a comprehensive conference, hosted by Linklaters Paris, examining the future of investment arbitration in the five Central Asian countries (Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan, and Uzbekistan). The event featured a keynote address by Anna Joubin-Bret (UNCITRAL) and welcome remarks from Roland…
As part of the 9th edition of the Paris Arbitration Week (“PAW”), the Dutch Arbitration Association (“DAA”) and the International Centre for Dispute Resolution (“ICDR”), co-organised an event entitled “Transatlantic Views on Med-Arb/Arb-Med: Convergence or Chasm?” The panel was moderated by Marcio Vasconcellos (King & Spalding LLP), and composed of Vanessa Alarcon Duvanel (King &…
Alexis Martinez (Watson Farley & Williams) moderated an interesting panel discussion on the changes to the arbitration laws of England and the impending changes to the arbitration laws of France. The panel comprised of different experts, including two of whom were directly involved in the reform of the arbitration laws in England and France. Nathan…
As part of Paris Arbitration Week 2025, the Arbitration Association of Central and Eastern Europe (“ArbCEE”) hosted a roundtable discussion on “The Annulment of Arbitral Awards in the CEE.” The event was chaired by Rostislav Pekar (Squire Patton Boggs), hosted by Piotr Bytnerowicz (ByArb), and moderated by Veronika Korom (ESSEC Business School; Paragon Advocacy). …
In a recent case, the Swiss Federal Court upheld an arbitral award declining jurisdiction over a dual national’s claim against Venezuela under the Spain-Venezuela BIT. It confirmed that the BIT is silent on whether dual nationals qualify for protection under the treaty, and that this gap could be filled by having recourse to customary international…
Unilateral arbitration clauses (also referred to as asymmetrical arbitration clauses) have been the subject of considerable debate as they typically involve granting one party the right to choose between litigation and arbitration, while restricting the other party to one forum (as discussed here). As such, asymmetrical arbitration clauses create tension between the principles of party…
In line with the global movement of reform in Europe (see previous posts on recent reforms in the UK, Germany, Luxembourg, Italy, Greece and Switzerland) and worldwide (e.g. China or Nepal), France also initiated in late 2024 the process of reforming its 14 years old arbitration law (discussed here). This post provides a concise overview…
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”)….
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”)…
