…Živa Filipič (Managing Counsel, ICC International Court of Arbitration) signaled the beginning of the conference. It was followed by the keynote session, chaired by Mr. Kevin Kim (Founding Partner of…
…Živa Filipič (Managing Counsel, ICC International Court of Arbitration) providing insights from an ICC perspective. The panelists acknowledged how FIDIC forms, now used in more than 170 countries, have become…
…Swiss Supreme Court had dismissed the challenge against the partial award. The tribunal, like the Swiss Supreme Court, declared the Achmea objection inadmissible. In an interim decision of July 2021,…
…Court of Justice (the ‘Supreme Court’) rendered its first decision of the year regarding the recognition of a foreign arbitral award. Dissenting opinion of ad hoc judge Ramiro Bejarano…
…Africa, arbitration may involve institutions such as the ICC, LCIA, ICDR, or the Lagos Court of Arbitration, while mediation is handled by CCPIT, NMCC, or private mediators. Nigerian courts are…
…unforeseen by the parties and not settled by law. Put differently, Chile’s highest Court endorsed the Appeals Court’s position on the matter. Moreover, the Supreme Court stated the complaint recourse…
…court for non-constitutional statutory matters, specifically addressed this issue for the first time. In a landmark decision, the Court clarified that the BCCP is not applicable to arbitration unless explicitly…
…international investment law. In contrast, the 2024 Law on Sustainable Investments provides multiple avenues for resolving claims through domestic court proceedings, mediation, or arbitration (Chapter VIII of the 2024 Law…
…had been confirmed by the ICC which upheld Opportunity’s challenge on 5 March 2018. The Judgment of the Paris Court of Appeal The Court set aside the award on the…
…fostering an arbitration-friendly environment. In his Keynote Address, Chief Justice Sundaresh Menon of the Supreme Court of Singapore focused on the critical issue of securing trust in arbitration. He noted…
…of the High Court of Singapore, and Judge in Charge of Transformation and Innovation) and Lord Justice Birss (Judge of the Court of Appeal of England and Wales, and Deputy…
…of the AA). Guyana’s Supreme Court has also been granted powers to recognize or enforce interim measures granted by an arbitral tribunal (see section 28(1) and (3) of the AA)….
…Reflections on the landmark English decision in Nigeria v P&ID”. The panel examined the English Commercial Court’s landmark decision to set aside a USD 11 billion award against Nigeria in…
…arbitration proceedings and the underlying legal and ethical considerations. The panel featured distinguished speakers: the Hon Mr. Justice Russell Coleman (Judge, Court of First Instance of the High Court), Ms….
…there are many recent court judgments demonstrating the court’s robustness and support of arbitration. One of HKIAC’s biggest tasks is in communicating these advantages to users, particularly in places which…
…in Article 24.2 of the ICC Rules, which requires the tribunal to establish a procedural timetable to be transmitted to the ICC Court. As the ICC Court takes into consideration…
…the New York Convention (“Convention”) in 2010, enacted the International Arbitration Act in 2017, and in recent years, the Fijian High Court has granted multiple stay applications in favour of…
…what steps a tribunal might take if documents are not disclosed, including granting a party leave to apply for a subpoena in a court with relevant jurisdiction (see e.g., Australia’s…
…in arbitration in these jurisdictions is particularly interesting, given they are not allowed in the domestic court setting. 7. Future Trends and Hubs for Energy Dispute Resolution The panel…
In a landmark decision, the Portuguese Supreme Administrative Court has overturned an arbitral award which dealt with the different available remedies in case of a fundamental change in circumstances (in…
…at the High Court of Australia, assistant adviser to the Attorney-General of Australia, and a judicial fellow at the International Court of Justice (“ICJ”), working with the inspirational judges Dame…
…to Tokyo High Court. Tokyo High Court upheld the decision by Tokyo District Court. Bathurst Resources Limited v. LMCHB Limited [2024] NZHC 1058, High Court of New Zealand, CIV-2023-485-000575,…
…ensure efficient and fair dispute resolution through arbitration. Rationale for the Default Rule The Default Rule in the Arbitration Bill was a response to the UK Supreme Court’s 2020…
…of Louisiana (“Louisiana Court”) and the Singapore High Court (“Singapore Court”) answered this question in the negative, holding that defaulting an arbitration under the DIFC-LCIA Rules to a DIAC forum…
