The Guatemalan Constitutional Court (“Court”) recently ruled that a dispute can be too complex for an arbitral tribunal to decide for the umpteenth time. For context, the Court has jurisdiction…
…key questions when it comes to deciding whether to agree on emergency arbitration is whether such agreement will lead to the loss of the state court’s jurisdiction with regard to…
…ICC’s International Court of Arbitration, John Beechey offered invaluable outside perspectives in this regard. Regarding the planned reform of the German arbitration law, he called into doubt whether the organization…
…annul the arbitral award based on an alleged violation of the principle of private autonomy. However, the Supreme Court rejected this argument. The Supreme Court reasoned that determining the existence…
…of Arbitration) celebrating the ICC Court’s centenary anniversary. Conference co-chair Sara Nadeau-Seguin (Teynier-Pic) set the tone for the day, noting the appropriateness of the stock exchange as a venue for…
…provided that such notes and memoranda are personally reviewed, corrected and verified by tribunal members (see p. 5). Paraphrasing the words of the Hague Court of Appeal in Yukos, what…
…British Columbia’s International Commercial Arbitration Act authorizes the Supreme Court of British Columbia (a trial level court) to “decide the matter” of a challenge to a positive or negative jurisdictional…
Prior to the Supreme Court’s decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S. Ct. 2078 (June 13, 2022), certain Circuits permitted parties to private international commercial arbitrations…
…Plurinational Constitutional Court of Bolivia (“Court”), the extraterritorial jurisdiction issue of Bolivian courts arose in relation to an order issued within an ICC emergency arbitration proceedings seated in Santiago, Chile….
…claim if the loss would not have been incurred in any event, is a comparable limit. (2) The German Federal Court of Justice (Bundesgerichtshof, BGH) requires that the estimation is…
…noted a Singapore Court’s ruling that jurisdictional objections not raised during the underlying ISDS proceeding may no longer be raised as new arguments during an enforcement proceeding. Ms. Lin therefore…
…by the lower instance court in Mirassol and by the São Paulo State Court (“TJSP”). When judging the Appeal, the reporting Justice at STJ reverted TJSP’s decision, granting SANESSOL’s motion….
…lawsuit in Manhattan submitted a court filing that ChatGPT assisted drafting but later found that the case citations ChatGPT included in the filing were all bogus. Interestingly, when confronted with…
…a judgment of the Supreme Court of India finding that Devas’ incorporation was illegal, the Swiss Court rejected the application. It found that: it was untimely as India had been…
…by the Court numerous times, “context matters”. The context that mattered for the Court was the history of correspondence between counsel for the parties regarding arbitrator selection. The Court found…
…disputed facts (that Lucchetti would have obtained court rulings in its favor through corruption). In this case, the Tribunal did not analyze whether the alleged acts of corruption occurred, as…
…by the Court of Appeal of Lisbon (Proc. No. 19222/20.1T8LSB.L1-6 [2021]) and by the Court of Appeal of Guimarães (Proc. No. 3409/21.2T8BRG.G1 [2022]). Prof. Gouveia further elucidated the application of…
…spotlight for quite some time, ever since the well-renowned 1985 Mitsubishi v. Soler case, in which the Supreme Court of the United States decided that parties can arbitrate statutory claims,…
…applied the expressio unius et exclusio alterius maxim to Art. 317 C.c.Q. The Court also cited the Supreme Court of Canada’s jurisprudence, which holds that: “Courts should avoid needlessly importing…
…Kingdom of Saudi Arabia and Qatar. The infamous decision issued by the Egyptian Court of Cassation in the Damietta International Ports Company (DIPCO) case, where a USD 490 million ICC…
In a new chapter of Ecuador’s backlash to the Investor-State Dispute Settlement (ISDS) system saga, the Constitutional Court of Ecuador (Court) declared Art. 15.20 of the Ecuador-Costa Rica FTA (FTA,…
…ruling of the tribunal does not bind the court. The Act also contains two other important provisions that enshrine the English court’s power to oversee jurisdiction. S32 allows a party…
The Philippine Supreme Court recently issued a decision in Maynilad Water Services, Inc., v. National Water and Resources Board, et al., where the Court ruled that (1) disputes concerning changes…
…Funding The third panel turned to discuss ongoing matters with third-party funding with the background of the UK Supreme Court invalidating aspects of third-party funding agreements. Moderated by Christof Siefarth…
