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Commercial Arbitration, Contract Interpretation, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, Investor-State arbitration, Treaty, Treaty Interpretation

Treaty Claims and Contract Claims Distinguished by the “Fundamental Basis of the Claim”: Iskandar Safa and Akram Safa v. Hellenic Republic

Arnaud de Nanteuil (University Paris Est Créteil, France)/April 12, 2025April 8, 2025 /Leave a comment

…jurisdiction only to deal with breaches of that same contract. The key to determining its jurisdiction is therefore to determine whether the rules alleged to have been breached are included…

2025 PAW, Corruption, International arbitration, Paris Arbitration Week

2025 PAW: Red Flags: Trends and Tools for Addressing Corruption

Mohamed Murad Mohamed Hamaima, Dalal Ziad Eljishi/April 12, 2025April 11, 2025 /Leave a comment

…and the use of adverse inferences in arbitration. When a party has exclusive access to crucial evidence but fails to present it, tribunals have no choice but to essentially assume…

2025 PAW, Construction, Construction arbitration, Experts, International arbitration, Paris Arbitration Week

2025 PAW: Instructing Delay Experts in Construction Arbitration

Kubra Bayramova, Iulia Anghelescu/April 12, 2025April 11, 2025 /Leave a comment

…Ahdab (Bird & Bird AARPI), who set the scene with reflections on the evolving role of expert evidence in complex construction disputes. The panel featured contributions from Samy Markbaoui (White…

Challenge of Arbitral Award, English Arbitration Act, English courts, English Law, UK

Serious Irregularity for Failure to Consider a Limitation Defence: Lessons from Djanogly v Djanogly

Ernest Leung (Wilberforce Chambers)/April 11, 2025April 11, 2025 /Leave a comment

…the law of another country in accordance with conflict of laws rules. However, in Halpern v Halpern [2007] EWCA Civ 291, the Court decided that non-national legal principles cannot amount…

2025 PAW, Criminal law and arbitration, Investment Arbitration, Paris Arbitration Week

2025 PAW: The Growing Influence of Criminal Law in International Arbitration

Veronika Korom (ESSEC Business School; Paragon Advocacy)/April 11, 2025April 11, 2025 /Leave a comment

…both commercial and State parties as a means of circumventing the limitations of the arbitral process, particularly regarding access to evidence. In some cases, parties resort to criminal complaints as…

Arbitration, Arbitration Act, Nepal

One Step Forward, Two Steps Backward? Assessing Nepal’s New Arbitration Ordinance

Sameep Khanal/April 10, 2025April 10, 2025 /Leave a comment

…to be seen how courts will handle cases with insufficient direct evidence. Moreover, since the Ordinance rules out the de novo examination of evidence, it remains to be seen how…

2025 PAW, Document Production, International Arbitration Procedures, Paris Arbitration Week, Settlement

2025 PAW: Different Roles, Shared Realities – A Dialogue on Settlement and Document Production in Arbitration

Silvia Lamprinopoulou/April 10, 2025April 10, 2025 /Leave a comment

…the need for arbitrators to clarify what “narrow” and “specific” actually mean in practice. While the IBA Rules aim for a common standard, interpretations vary across jurisdictions. From the arbitrator’s…

Anti-arbitration Injunction, Anti-suit injunction, Economic Sanctions, English Arbitration Act, Seat of the arbitration

To Seat Comfortably—Choose Wisely: The Evolving Seat Selection Factors

Maxim Osadchiy (Osadchiy Dispute Resolution LLP & Queen Mary University of London)/April 9, 2025April 6, 2025 /Leave a comment

…modalities of review sometimes differ, particularly with respect to the treatment of new evidence and review of relevant elements of fact (see here). In England and Wales, for example, courts…

ADR Clauses, Arbitration Agreements, BIT, Nigeria, Nigeria Arbitration and Mediation Act

Enhancing Arbitration and ADR In Nigeria: Key Features of The National Policy on Arbitration and Alternative Dispute Resolution

Laura Alakija/April 8, 2025April 5, 2025 /Leave a comment

…of additional judicial resources and the development of specialized rules/practice directions to expedite arbitration-related matters (paragraph 15), building on some of the innovations in the Arbitrations Proceedings Rules (“The Rules”)…

Arbitration Agreement, Interim measures, United States

AB 1903: A Much-Needed Update to California’s International Commercial Arbitration Landscape

William Nachtrieb/April 5, 2025March 30, 2025 /Leave a comment

Young California Arbitration (Young CalArb)

…action that would prevent, or refrain from taking action that is likely to cause, current, or imminent harm or prejudice to the arbitral process itself; or (3) provide a means…

Brazil, Latin America

Early Production of Evidence Under CAM-CCBC’s New Regulation

Ricardo Aprigliano (Demarest Advogados)/April 4, 2025March 30, 2025 /Leave a comment

…correctly chose to clarify that, while the Early Production of Evidence without urgency will be administered according to the Rules, the urgent production of evidence must be carried out through…

English Arbitration Act, France, Law governing the arbitration agreement, Reform, Waiver

Looking Across Borders: French Arbitration Law Reform in Light of English and German Advances

Ryan Frye (Herbert Smith Freehills)/April 3, 2025April 1, 2025 /Leave a comment

…face of due process paranoia through reassurance that summary dismissal is authorised under English law (despite it already being provided for under most major arbitral rules). Law Applicable to…

China, Competence-Competence, Interim measures, Party autonomy, PRC

Reforming the PRC Arbitration Law: Implications to Foreign Parties

Anton A. Ware, Tereza Gao, Grace Yang, Lyuzhi Wang (Arnold & Porter Kaye Scholer LLP)/April 2, 2025March 30, 2025 /Leave a comment

…Proposed Amendments, taking them as a sign that China was making a serious move toward becoming, at last, a truly international arbitration hub. More recently, however, on 8 November 2024…

Emergency Arbitration, Emergency Arbitrator, Ex Parte Relief, Expedited arbitration, Expedited Proceedings, India, India, Preliminary Orders, Protective Preliminary Orders, SIAC, SIAC Rules 2025, Singapore, Singapore International Arbitration Centre

SIAC Rules 2025: Innovative Features and What to Expect for Indian Parties

Mayuri Tiwari and Pranav Budihal (Providence Law LLC)/April 1, 2025March 31, 2025 /Leave a comment

…SIAC (“Rules”), which came into effect on 1 January 2025. Much has already been written on various aspects of the draft Rules during the consultation process (discussed here). In this…

Anti-suit injunction, English courts, English Law, UK

English Court of Appeal Discharges the Anti-Suit Injunction in Favour of UniCredit: Winning the Battle But Losing the War?

Rajarshi Singh (EASTLEGAL) and Esha Kumar/March 31, 2025March 28, 2025 /1 Comment

…of the Civil Procedure Rules (“CPR”). Despite the consensus between the parties to revoke or vary the ASI, the EWCA had to answer four questions in granting the requested relief….

Journal of International Arbitration

The Contents of the Journal of International Arbitration, Volume 42, Issue 02 (April 2025)

Maxi Scherer (ArbBoutique & Queen Mary University of London)/March 29, 2025March 11, 2025 /Leave a comment

…efficacy (or none at all) in examining evidence relating to corruption, particularly when there are third parties. The recent decision of the English High Court in Nigeria v. Process &…

English Arbitration Act, International arbitration, Reform

Reforming Arbitration Act 1996: Recalling Everlasting Legacy

Farqaleet Khokhar/March 27, 2025March 27, 2025 /3 Comments

…the party to introduce new objections or evidence before the enforcing court. However, the party may assert the court to rehear evidence in the interest of justice. The second advancement…

New York Convention, Pakistan, Set aside an arbitral award

SpaceCom v Wateen: Towards a Principled Approach to the Pro-Enforcement Policy in Pakistan

Umer Akram Chaudhry, Aneesa Agha (RMA & Co.)/March 26, 2025March 24, 2025 /Leave a comment

…award-debtor contended), that the seat of the arbitration was DIFC and the applicable rules were to be the DIFC-LCIA Arbitration Rules. The arbitral tribunal, instead of assessing the issue of…

Deep Sea Mining, Dispute Resolution, Dispute Settlement, International arbitration, International tribunals, Investment protection, ITLOS, UNCLOS

Navigating Legal Remedies: Investment Protection before the International Tribunal for the Law of the Sea in case of Inaction by the International Seabed Authority

Christian Tietje, Anna Kirchhoff, Franka Nodewald (Transnational Economic Research Center (TELC), Law School, Martin-Luther-University Halle-Wittenberg)/March 25, 2025March 25, 2025 /Leave a comment

…2(o)(ii), of the Convention, rules, regulations and procedures based on the principles contained in sections 2, 5, 6, 7 and 8 of this Annex, as well as any additional rules,…

Australia, BIT, Enforcement, India, Investment Arbitration, Investment Treaties, Investor-State arbitration, New York Convention, Sovereign Immunity

Australian Court Judgment Introduces Another Twist in the Antrix-Devas Saga and Provides Vindication for the Delhi High Court

Ashutosh Kumar (AnchayilKumar)/March 24, 2025March 21, 2025 /Leave a comment

…a matter of “formality”. Further, because there was no evidence of what legal relationships are considered as commercial under Indian law, the Full Court proceeded to examine this issue on…

ITA Arbitration Report

KluwerArbitration ITA Arbitration Report, Volume No. XXIII, Issue No. 3 (March 2025)

Roger Alford (General Editor) (Notre Dame Law School), Crina Baltag (Managing Editor) (Queen Mary University of London), and Monique Sasson/March 22, 2025March 22, 2025 /Leave a comment

…shall bind Defendants who were non-parties to the agreements, taking into consideration various circumstances such as the history of the conclusion and performance of the relevant construction contracts and heavy…

Arbitration, CIArb

The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management (Ciarb), Volume 91, Issue 1 (2025)

Stacie I. Strong (General Editor International Journal of Arbitration, Mediation and Dispute Management; Emory University), Mercy McBrayer, Mohamed Sadiq (Chartered Institute of Arbitrators), Mary Mitsi (Queen Mary University of London), and Ahmed El Far (Three Crowns)/March 21, 2025March 20, 2025 /Leave a comment

…turns to consider Australia’s various confidentiality rules: at common law, under the International Arbitration Act 1974 (Cth) (IAA), and under the Uniform Evidence Acts. The article considers the consequences of…

Arbitration Agreement, Arbitration Agreements, Consumer contracts, Consumer disputes, Federal Arbitration Act (FAA)

Navigating the Tension Between State and Federal Arbitration Laws in California: Insights from Berman v. Freedom Financial Network and Global Trends in Consumer Contracts

Apoorva Vijh/March 20, 2025March 24, 2025 /Leave a comment