In 2010, the Supreme People’s Court of the People’s Republic of China (the “SPC”) issued the Provisions of the Supreme People’s Court on Case Guidance (the “Provisions”). The Provisions are…
…US Supreme Court has rendered its decision on this issue in Coinbase v Bielski (2023). Third, who has offered/accepted the contract: avatars or programmers of the smart contracts. Offer/acceptance requires…
The São Paulo Court of Appeals (“TJSP or “Court”) recently annulled a quantum arbitral award and referred the case back to the arbitral tribunal because one of the three arbitrators…
On July 26, 2023, the Latin American Arbitration Association (ALARB) organized a webinar on New Developments of the Permanent Court of Arbitration (PCA). The discussion was introduced by Claus von…
…are subjected to the same impartiality and independence provisions as court-appointed experts in state court litigations. The PCEB issues expert opinions to establish the scope of works to be carried…
…the issue. For instance, the UK Supreme Court in the Halliburton Company v. Chubb case ([2020] UKSC 48) and the US Supreme Court in the Commonwealth Coatings v. Continental Casualty…
…court to stay legal proceedings to uphold an arbitration agreement, recognising their formal validity unless the agreement is found to be null, void, or incapable of being performed (see Section…
…recent Dubai Court of Cassation’s ruling was the Court’s clarification – in derogation from previous rulings of the Dubai Court of Cassation (for example in Dubai Court of Cassation Case…
…Law. Among its salient features is the Award Review Tribunal (ART) mechanism, outlined in Section 56. This distinctive, innovative procedural offers an alternative to traditional court challenges that potentially streamlines…
…court’s decision to reject an application for the appointment of an arbitrator. As a second question, the Supreme Court evaluated whether a pathological dispute resolution clause referring to a non-existent…
…campaign featuring the carbon offset product, ‘CO2Zero’, which involved reforestation projects that supposedly compensated for KLM’s flight emissions. A Dutch court recently made a preliminary ruling on standing in favour…
…of law made by the parties. Belgian Supreme Court’s Former Classic Protectionist Stance In its landmark 1979 Audi-NSU v. Adelin Petit decision (28 June 1979), the Belgian Supreme Court,…
…day. This petition was filed before the United States District Court for the Southern District of New York and is still pending. The Tribunal’s Decision The Tribunal issued its…
…to effectuate justice, similar to a court of law but in a confidential setting and with adequate speed, including in the form of emergency arbitration if so requested. According to…
…of the Supreme People’s Court on Relevant Issues concerning Foreign-Related and Foreign Arbitration Addressed by the People’s Courts (1995), Relevant Provisions of the Supreme People’s Court on Issues concerning Report…
…reasons such as lack of jurisdiction, one application was transferred to a different court due to jurisdictional issues but no decision by the second court could be found, one case…
On 12 May 2023, the Santiago Court of Appeals (“Court”) denied EP Petroecuador’s (“Petroecuador”) (Ecuador national oil company) petition to set aside a US$63 million international commercial arbitration award. The…
…Centre, the BVI International Arbitration Centre, and Barbados’ Arbitration and Mediation Court of the Caribbean This is consistent with the arbitral communities’ focus on promoting arbitration in the Caribbean, including…
…ACIC Court of Arbitration to decide on procedural issues including prima facie jurisdiction challenges, challenges to arbitrators, appointment of arbitrators, changes in legal representation as well as scrutiny of awards….
…The question of formal validity may arise at various points during the lifecycle of an arbitration: before an arbitration in an application for stay or dismissal of court proceedings, during…
…WG III. (L to R) The Hon. Justice Clyde Croft AM, The Hon. Justice Kevin Lyons The Hon. Justice Kevin Lyons (Supreme Court of Victoria) delivered the keynote speech,…
…2018-04; (ii) the Court of Appeal’s annulment decision; and (iii) finally, the current state of French case law that could determine the decision to be rendered by the Court of…
…Dutch Supreme Court (later confirmed in the Yukos Supreme Court case). These criteria are as follows: The judgment is a final judgment following valid submissions and was rendered by a…
…“Defendants”). Reasoning of the Court Applying Sarayiah v Williams, the Court firstly established that the criminal standard of proof will be applied to an allegation of contempt of court,…
