…had occurred, as I have said, by operation of law” (para. 29). Dassault has sought leave to appeal to the Supreme Court. Comment While the Court of Appeal has…
…crucial. She gave the example of the New Zealand High Court case of Ruscoe v. Cryptopia as an illustration. In that case, the court concluded that crypto assets held by…
…on International Arbitration. PAW Kick-off: A Couple of Firsts For the first time, PAW counts the Paris Court of Appeal among its partners. This 2024 PAW edition was also…
…parties under Section 37 of the ICA. The Supreme Court of India in Khardah Company Ltd vs Raymon & Co. (India) Private Ltd has held that there is a distinction…
…court) and Switzerland (by the seat court). However, the Berlin Court and the SICC differed when considering the effect of the seat court’s decision on enforcement proceedings. The Berlin Court…
…ADR Rules 2022 and seek to address the common problem of lengthy delays in the court process by promoting arbitration and clarifying the degree of court intervention in the arbitral…
…Notably, the Regional Court of Frankfurt tested FraUKe (Frankfurter Urteils-Konfigurator Elektronisch), aimed to assist in decision-making for mass proceedings concerning air passenger rights claims. Similarly, the High Court of Stuttgart…
The Constitutional Court of Ecuador (“Court”) has recently analyzed the constitutionality of two International Agreements. On 28 July 2023, the Court declared unconstitutional the provision contained in chapter 15.20 of…
…Court of Justice (ICJ), arguing that this case highlights the boundaries of and opportunities for international courts. To illustrate this point, Dr. Tams invited the audience to consider the historical…
…the final court of appeal. However, if a ruling in an earlier case is doubted by another Supreme Court bench with the same number of judges, the issue is referred…
…advancements, an independent Court of Arbitration (“Court”) has been established within the Centre, overseeing the proceedings administered by the Centre and ensuring adherence to the Rules and applicable laws. The…
…become the “place of arbitration” considering its location. Only after the joint agreement of the parties to the ADGM Court’s Jurisdiction, the ADGM Court decided that the UAE Federal Arbitration…
…the most famous and important cases before the courts at the moment is Luciano Lliuya v RWE AG (Case No. 2 O 285/15 Essen High Court). Luciano Lliuya is a…
…Secondly, the tribunal was called to reflect on the application of the Monetary Gold principle, as outlined by the International Court of Justice (ICJ), in investment arbitration. Recalling the case…
…Morallos said we might be facing a world of extremes, with either more states withdrawing from BITs or finally having a consensus on the creation of a multilateral investment court….
…the Jiangsu Province Wuxi Intermediate People’s Court regarding the refusal to set aside a CIETAC award rendered in proceedings funded by IMF Bentham Limited. The court concluded that the funding…
On 1 November 2023, the English High Court (“EWHC”) delivered its decision in Hulley Enterprises Limited v. Russian Federation. The EWHC dismissed the jurisdictional challenge raised by the Russian Federation…
…recent International Skating Union (“ISU”) decision, found that the standard of review applied by the Swiss Federal Court (“SFC”) to mandatory arbitration awards by the Court of Arbitration for Sports…
…District Courts (which are at the second level in a three-level court system consisting of the Supreme Court, the District Courts, and the Magistrate Courts). Following the amendment, the courts…
…of the Zhejiang Higher People’s Court. In that decision, the Court held on the facts that it was “impossible to infer a specific arbitration institution”. Philip Jeyaretnam J considered that…
…without substance and clear beyond question that the claim, defence or issue is contradicted by all documents or other material available. The English Court will also consider whether further evidence…
On 23 October 2023, the English High Court handed down a landmark decision setting aside a USD 11 billion arbitral award (the final award) obtained by a British Virgin Islands…
…In this regard, the Court of Justice of the European Union (“CJEU”) was requested to rule on the scope of the arbitration exclusion. In particular, the absence of a definition…
…Court of Appeals will confirm the decision of the first instance court and, if the case proceeds to arbitration, it will be interesting to see how the ICSID tribunal will…
