…the Brazilian Federal Constitution provides that “the law shall not exclude any injury or threat to a right from the consideration of the Judiciary”. The Brazilian Supreme Court has decided…
…DIFC Court of First Instance (see Case No. ARB 003/2013 – Banyan Tree Corporate PTE LTD v. Meydan Group LLC, ruling of the DIFC Court of First Instance of 27…
…court actions. The typical arbitration-related court actions are challenges to awards, enforcement of foreign awards, jurisdictional review and stay of proceedings in favour of arbitration. In some of these actions,…
…January 2013; Memorandum of Understanding between Supreme Court of New South Wales, dated 9 September 2013; Memorandum of Guidance between the Federal Court of Australia and the Dubai International Financial…
…resolve the dispute, Pakistan referred the matter to arbitration before a Court of Arbitration constituted under the Treaty (and supported by the Permanent Court of Arbitration), comprising of seven members,…
…court proceedings. Despite their, somewhat misleading, name, such ‘anti-suit’ injunctions are not addressed to or binding upon the foreign court. Rather, they are directed at a party, who must comply…
In AKN v ALC [2015] SGCA 18, the Singapore Court of Appeal (“SGCA”) partially allowed a set of three appeals against a High Court decision to set aside a SIAC…
Two months ago I commenced a five-month secondment with the London Court of International Arbitration (LCIA), a change of scene from my usual post at Herbert Smith Freehills LLP in…
…the tribunal finally decided to terminate the proceedings in July 2013. Pre–Paid then moved to lift the stay of district court proceedings. On April 16, 2014, the district court granted…
…the International Commercial Arbitration Court in Moscow enjoyed some success. This option has become less popular, however, because Russia’s legal environment is perceived as unstable. In May 2015, Russia’s government…
…acquisition of bonds by Postova bank on the other side were considered protected investments under the Greece-Slovakia BIT. If the answer was affirmative, then the said Court would have jurisdiction…
…was established in April 2013, presided by Superior Court of Justice Judge Luis Felipe Salomão. The path to the reform: a careful approach The Brazilian arbitration community questioned the immediate…
The 27th Annual Workshop of the Institute for Transnational Arbitration (“ITA”), which took place on June 17-18 in Dallas, Texas, examined “Subconscious Influences in International Arbitration”. The Workshop was organized…
…appeal can only be brought following an award either with the agreement of all the other parties, or (more commonly) with the permission of the English court. Permission will only…
…and Hampton Court Resources Ecuador S.A. (Procedure No. 812-2006, Decision of 8 February 2008) and Daewoo Electronics America, Inc. v. Expocarga S.A. (Procedure No. 469-2009, Decision of 26 October 2009)….
…likelihood of interested non-party participants (for example, NGOs). Rather than advocate governments disengage from ISD mechanisms entirely, van Houtte instead pleaded a case for a new supra-national court which BITs…
…arbitral award will be rendered by the court; it does not say that the case would be remitted back to the arbitral tribunal for the supplementary arbitral award to be…
…principle, arbitrable (in addition to Eco Swiss itself, see e.g. the decision of the U.S. Supreme Court in Mitsubishi v. Soler Chrysler-Plymouth). (b) Second, parties cannot avoid the application of…
…of Singapore set aside the award, and the Court of Appeal upheld the High Court’s decision. The Court of Appeal held that inter alia the tribunal should not have granted…
…National Court of Justice acting as a court of cassation. On its decision, the National Court of Justice confirmed the judgment but lowered the amount of compensation to 9,5 billion…
…between a Korean company and a Cambodian company over a large-scale commercial and residential real estate development in Phnom Penh. The Supreme Court affirmed the decision of the Court of…
…that have enforced the awards made under such administration, suggest that the answer is “no”. The recent decision of the Svea Court of Appeal (“the Svea Court”) in a case…
…to take democratic laws and governments to court, the Commission is trying to put lipstick on the ISDS pig. In short, the Commission needs to consign ISDS and any derivatives…
…of 2014, Supreme Court of India). That said, a recent Delhi High Court (“High Court”) decision has again stirred the water and it may be a step backward in establishing…
