The English Court of Appeal’s recent decision in Sulamerica CIA Nacional De Seguros SA v Enesa Engenharia SA [2012] EWCA Civ 638, which is discussed in a recent post by…
…U.S. District Court chastised Armstrong for submitting a brief consisting mainly of “wholly irrelevant” allegations “which, the Court must presume, were included solely to increase media coverage of this case,…
…in the treaty. Treaty cases frequently present issues of broader public interest. Indeed, such issues can arise even in contract cases involving States; the ICC Court reportedly twice has considered…
…leave petition was filed before the Supreme Court against High Court’s judgment. The scope of Bhatia International was further broadened by the Supreme Court in Venture Global Engineering v Satyam…
The decision handed down by the High Court of Australia, just weeks ago, regarding Australia’s plain packaging legislation is just the beginning of what is destined to be a long…
and Julia Popelysheva, Clifford Chance LLP Introduction On 19 June 2012 the Presidium of the Supreme Arbitrazh Court of the Russian Federation (“SAC RF“) issued a decree (“Decree“) in case…
…reached by the Commercial Court. While the Court accepted that the parties had contemplated more than one arbitrator, it held that it was impossible to read into the clause an…
…the New York Convention has not yet consolidated into established supervisory court practice (see Dubai Court of First Instance, case No. 531/2011, judgment dated 18 May 2011). Hence, the UAE…
…the Frankfurt court as the court at the seat of the arbitration to decide on the arbitral tribunal’s jurisdiction. The Frankfurt Court of Appeals held that Slovakia’s challenge was unfounded….
…signalled the conclusion of the jurisdiction of the Court of Arbitration for Sport’s (‘CAS’) Ad hoc division (the ‘CAS AHD’) (as it will not be in operation during the Paralympics)….
…interesting indications as to how the Supreme Court could rule on this issue in the future. Very interestingly, the Supreme Court considered the view taken by an author (A. Rigozzi,…
…but only in rare and exceptional circumstances. Ultimately the court granted the stay on the basis of the substantial overlap between the curial and intended arbitral proceedings. The court was…
…injunction proceedings in the Brazilian court. • On 16 December 2011, a single judge of the São Paulo Court of Appeal (“TJ-SP”), on an interlocutory appeal from the refusal to…
…of a Norwegian court which relied on the fact that translations were expensive and could distort the original wording of an award. The Supreme Court also noted the decision of…
…after a long string of Supreme Court of Canada decisions which have contributed to confirming Canada’s status as an “arbitration-friendly” jurisdiction. In particular, the Court recalls the Supreme Court of…
In a recent blog post, Gary Born highlighted the current role of the Permanent Court of Arbitration in administering state-to-state arbitrations. Given that the PCA has recently released its Annual…
…The Royal Court and the Court of Appeal looked to the company’s formal constitutional position and examined the control exercised by the State in practice over Gécamines and Gécamines’ functions,…
…Dubai Court of Cassation, case No. 267/1999, judgment dated 27/11/1999; Dubai Court of Cassation, case No. 17/2001, judgment dated 10/03/2001). To the contrary, they persevered in the obsolete application of…
…Court of Arbitration made two site visits to areas at issue in the dispute on June 15-21, 2011, and February 3-6, 2012. During these visits, the Court of Arbitration observed…
…281 (1999); Swiss Federal Court, Ivan Milutinovic PIM v. Deutsche Babcock AG. – the ICC Court of Arbitration in Case No. 5017 (1987); First Investment Corp. of the Marshall Islands…
…the court option unattractive but not necessarily a “dealbreaker” as in the first example. Most of their project documents are in English and it would be costly and cumbersome to…
…especially taking into consideration the position apparently adopted by the Brazilian Federal Supreme Court (at a time when it had competence to hear requests for recognition of foreign awards) that…
…Dubai Courts, the Court of First Instance issued a decision on January 16, 2011 granting recognition of the award. The Court of Appeal, in its turn, upheld the decision in…
…a contradiction in the award’s motivation. In so ruling, the Belgian Supreme Court took a view opposite to that of the French Supreme Court (Cour de cassation), which, reversing its…
