…disputes. Justice Andre Maniam (Judge of the High Court, Supreme Court of Singapore) kicked off the discussion by addressing the increasing “complexification” of disputes in the trade and energy space,…
…act as arbitrator on the ground of conflict of interest. Prominent figures in the arbitration field, namely Professor Bernard Hanotiau (Member, SIAC Court of Arbitration; Partner, Hanotiau & van den…
…Protection under Investment Treaties The Swiss Federal Supreme Court has rendered over twenty-five decisions in setting-aside proceedings brought against treaty-based arbitral awards to date. Against the backdrop of conflicting decisions…
…returning to court to seek class treatment and avoid arbitration, and judges have lambasted defendants for this tactic. Because defendants zealously and successfully moved claims out of court and into…
…highlights the expansive purview of section 1032(2) ZPO and its utility for international parties confronted with Russian Arbitrazh Court proceedings in violation of arbitration agreements. The Court’s affirmation of its…
On 4 July 2024, Russia’s Arbitrazh Court of the North-Western Region (cassation) confirmed the earlier decision of the Arbitrazh Court of Saint Petersburg (first instance) to grant an anti-suit injunction…
…to numerous ongoing challenges. In a recent ruling, the District Court of Amsterdam (“Amsterdam Court”) had to address a strategic manoeuvre by the Kingdom of Spain in its multijurisdictional fight…
…Munich Court of Appeal, in a decision later upheld by the German Federal Supreme Court, denied enforcement of the award under Article V(1)(c) of the New York Convention. The Court…
…years ago, arbitration was seen as an outdated practice, but the passage of the Brazilian Arbitration Act (Law No. 9,307/1996), and its constitutionality affirmed by the Supreme Court, led to…
…the project. The complexity of proving causation, as shown by research conducted by the Brazilian Federal Court of Accounts (“TCU”) in 2019, was exemplified by the fact that 47% of…
…would effectively reopen the resolution plan, which was impermissible in light of the finality accorded to it by the Supreme Court. Key Takeaways The Delhi High Court’s decision clarifies…
On 11 April 2024, the Permanent Court of Arbitration published the award in Mason Capital L.P. and Mason Management LLC v. Republic of Korea (PCA Case No. 2018-55) (“Mason”), reaching…
…Hague Convention exposes inconsistency even within the decisions of the same court. The Arbitrazh Court of St. Petersburg refused to comply with the requests for service to Gazprom Export from…
…third party interveners which address these problems in state court proceedings. The DIS-TPNR try to mirror the effect of these rules on a contractual basis, allowing for a limited participation…
On 11 June 2024, the Swiss Federal Supreme Court (the “Court”) rendered another pair of decisions in the high-stakes arbitration saga Crescent Petroleum Co. International Ltd. (“Crescent”) v. National Iranian…
…by the court. The Draft Law does not mandate that also the other party-appointed arbitrator must be appointed by the court (as suggested by the 1992 Dutco decision), it follows…
…the United Kingdom; as well as the Belgian Centre for Arbitration and Mediation (CEPANI), the German Arbitration Institute (DIS), the International Court of Arbitration of the International Chamber of Commerce…
…courts, of the high standard required to challenge enforcement of foreign arbitral awards in India. The Indian Supreme Court (“Supreme Court”) in Government of India v. Vedanta, (2020) 10 SCC…
On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that proportionate…
…debated in Parliament regarding Australia’s ratification of a Second Protocol. However, such developments do open up the possibility of Australia advancing an “investment court” alternative to ISDS when reviewing older…
…November 11, 2022, Rusoro filed a petition for recognition of the Award before the Colombian Supreme Court of Justice (the “Court”), pursuant to articles 111 et. al. of Law 1563…
…territorial approach. A few years later, the Supreme Court of Serbia upheld the primary annulment decision. Subsequently, the Court of Appeal of Lithuania refused to enforce the partial award on…
…However, the English High Court (the “Court”) has departed from this default position in its recent ruling in General Dynamics United Kingdom v The State of Libya [2024] EWHC 472…
…have been overlooked because, in a lean conflict of laws approach, the Brussels Ia Regulation refers the task of coordinating state court and arbitral jurisdiction primarily to the Member States’…
