…is relevant. The Mexican Supreme Court has ruled that the right to submit disputes to ADR, including arbitration, is a constitutionally protected right. Mexico has been a party to the…
In a judgment issued by the Dubai Court of Cassation (“COC”) on 8 June 2023 (Dubai Court of Cassation No. 1514/2022 Commercial), the COC confirmed that the condition precedent of…
…it and Australia were States parties to the ICSID Convention. The proceedings made their way to the High Court of Australia (High Court) which handed down its judgment on 12…
…Manufacturers, dissatisfied with the decision, filed an appeal directly before the Supreme Court. The Supreme Court Judgment The Supreme Court overturned the lower courts’ decisions and allowed the appeal. Speaking…
…award in question was rendered against Mr Chechetkin, a UK-domiciled lawyer who suffered significant losses trading on the Claimant’s cryptocurrency platform. The English Commercial Court declined enforcement primarily because the…
…The respondents then petitioned the Hanoi People’s Court to set aside the award. The Court’s Holding and Analysis The Court granted the respondents’ petition to set aside the arbitral award….
…Court (the “Court”) in November 2022. The Court recommended that the Queensland authorities should refuse to grant a mining lease and environmental authority to Zeph’s wholly-owned subsidiary, Waratah Coal, for…
…Key Rulings That Set the Stage The subject matter has already been dealt with by the Supreme Court of India (“Supreme Court”) and several High Courts over the years. First,…
…be a court of first instance to hear disputes – mainly if chosen by agreement between companies – in the court languages of German or English from a value in…
…their respective positions by relying on Serafin Garcia, the Tribunal confirmed that although the Serafin Garcia award was partially set aside by the Paris Court of Appeals, as reported in…
…The tribunal, having found a violation of the Turkey–Jordan BIT, ordered that (a) the ongoing court proceedings should be “immediately and unconditionally terminated, with no possibility to conduct further judicial…
…agreement may also be validly concluded concerning disputes that were already brought before a court, unless the court has exclusive jurisdiction. The Law contains an explicit rule on the interpretation…
…Millers Ltd, City Engineering Nigeria Ltd v. Federal Housing Authority, and Tulip Nigeria Ltd v. Noleggioe Transport Maritime SAS, the Supreme Court of Nigeria held that the limitation period for…
…from some countries and commentators for the elimination of ISDS, with suggestions to replace it with a multilateral investment court or to resort to domestic litigation or state-to-state dispute settlement….
…parties in their defense of arbitral awards’ validity in Court by, among others, (a) being responsive to queries from the Court regarding proof of service of arbitration documents; and (b)…
…interim measures granted by arbitrators is governed by [the provision governing enforcement of judicial interim measures] and is carried out under the control of the court in whose district the…
…Canada Post-Uber In Uber v. Heller – a case involving an employment class action subject to an international arbitration agreement – the Supreme Court of Canada decided three issues that…
…benefit from the 1979 Korea-Belgium DTT due to their own wrongdoing, namely establishing a tax avoidance scheme that domestic courts (including the Supreme Court) evaluated as an abuse of the…
…Stance to Intra-EU Investment Awards in the Micula Judgment of the Supreme Court and Subsequent Developments The (unanimous) judgment of the UK Supreme Court (“UKSC”) in Micula provided award-holders with…
…court has “universal” jurisdiction for established credits, the cognitive court (whether judicial or arbitral) shall verify the existence and extension of the creditor’s credits. After all, both procedures are distinct…
In a recent decision, the Supreme Court of Western Australia (“WA”) Court of Appeal confirmed that courts have the conclusive authority to determine the jurisdiction of arbitral tribunals. The Commercial…
…ICC refused to provide this confidential information. The Belgian Supreme Court’s Confirmation of Secretaries’ Power to Draft the Award As analysed here, the Belgian Supreme Court found that the…
In 2023, the ICC International Court of Arbitration (“ICC Court”) celebrated 100 years as the world’s leading arbitral institution. To celebrate this milestone, on 25 May 2023, the ICC Court…
…in an arbitral proceeding. The Court recognized, prima facie, the violation of the principle of impartiality and, consequently, a threat to Brazilian public policy. According to the Court, the chairman…
