…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…
…deliberations. The court dismissed the contractor’s disclosure application. While the court agreed that tribunal deliberations were confidential and that there were exceptions, it determined that none were applicable in the…
In a decision of 24 April 2023, the Belgian supreme civil court (“cour de cassation”) dismissed the petition against a judgment of the Brussels court of first instance (“tribunal de…
On May 9, 2023, the 4th Panel of Brazilian Superior Court of Justice (“SCJ”) judged the Special Appeal n. 1.988.894-SP (“Appeal”), reported by Minister Maria Isabel Gallotti. The Appeal was…
…interested in studying international law. Indeed, they are interested and have also done well in this field, including by winning prestigious moot court competitions on international law. But the interest…
…Revisión 2160/2009, First Chamber, Mexican Supreme Court of Justice, 8 September 2010, pp. 35-38. The Court’s explanation demonstrated its favorable view and support for arbitration. Mexican jurisprudence on arbitration…
…reasoned awards. In Raipur Development Authority v. Chokhamal Contractors, the Supreme Court while interpreting the scope of Section 30 of the erstwhile Arbitration Act, had stated that the arbitrator is…
…contracts, as they often include technical language and loopholes that may allow government intervention. Systematically monitor legislative and policy changes to anticipate unwanted ones. This includes considering past court rulings…
…if it contravenes the “fundamental principle of Vietnamese law”), the Procuracy advised the competent court to set aside Award No. 44/18 HCM. The Court’s Decision and Reasoning The HCMC…
…case of Stephenson v. Honda Motors Ltd. of Am., No. 81067 (Cal. Supp. Ct. Placer Co. June 25, 1992) (unreported), Honda’s attorney convinced a California Superior Court to utilize a…
…the 2010 Rules and court practice, they served as advisory guidelines. However, 2021 Rules have omitted any reference to their advisory nature. In doing this, their wording is brought in…
…in lieu of respondent] DECISIONS OF THE SWISS FEDERAL SUPREME COURT 4A_26/2022 of 13.04.2022 [Mandatory designation of address for service in Supreme Court proceedings] 4A_355/2021 of01.2022 [Conflicting clauses –…
…concerns. In arbitration – compared to national court proceedings – confidentiality is usually the default rule. Therefore, the extra “layer of protection” of confidentiality makes the potential use of AI…
