…As a Venezuelan national, he could not bring claims against Venezuela under the Treaty. The investor challenged the award before the Swiss Federal Court (“Court”). On 6 February 2025, in…
…between arbitration and litigation. The Dubai Court of Cassation (“COC”) accepted the validity of the clause (COC Appeal No. 1116/2018 (Commercial)). In 2024, two decisions were rendered on the same…
…Centre for International Commercial Arbitration (“CRCICA”), Wing Shek from the London Court of International Arbitration (“LCIA”), Joanne Lau from the Hong Kong International Arbitration Centre (“HKIAC”) and Nicolas Galvez from…
…his own career where he had personally submitted a draft award for scrutiny during his time as Vice President of the ICC International Court of Arbitration. Present were clear doubts…
…not the award is badly or unclearly reasoned (in which case, the Court will not intervene), or the award is unreasoned (in which case, the Court may intervene). A useful…
…Belokon case and the broader policy questions it raises, particularly: (i) whether arbitral tribunals should suspend proceedings to await criminal court findings; and (ii) whether, in annulment proceedings, national courts…
…High Court. This restriction confines courts to procedural and jurisdictional grounds for review, rather than permitting de novo evaluations of evidence. Previously, courts could reassess witness testimony or expert opinions,…
As part of the 2025 Paris Arbitration Week (“PAW”), Latham & Watkins, in collaboration with Columbia Law School, hosted two interactive panels examining key procedural issues in international arbitration from…
…of Article 248 of the Arbitrazh Procedure Code to frustrate otherwise valid Western-seated arbitration agreements with Russian parties (see e.g. here, here, or here). This provision allows Russian courts to…
…60-day timelines for court proceedings (paragraph 16.3(vi)) and 270-day timelines for appeals in arbitration-related matters, as well as imposing punitive costs for obstructive practices (paragraph 15). It promotes the allocation…
In January 2025, a Full Court of the Federal Court of Australia (“Full Court”) upheld a claim by the Republic of India (“India”) to foreign state immunity from proceedings brought…
…a degree of protection to the requesting party not previously formalized in Title 9.3. Section 1297.91 achieves this by providing that a party may request from a superior court, before…
…its new regulation (“Regulation”) on the early production of evidence (“Early Production of Evidence”). This Regulation is based on the jurisprudential understanding, especially of the Superior Court of Justice, which…
…as the default position – a position that had been previously characterised as “illogical” by the UK Supreme Court. In Kout Food, the UK Supreme Court and French Cour de…
…jurisdiction from either the administering arbitration institution or the court (in case of parallel requests, the court decides). The deficiency compared to Model Law jurisdictions is obvious: a China-seated tribunal…
…Supreme Court has held that India-seated EA awards or orders are directly enforceable as orders of an Indian court (discussed here and here). However, the enforceability of foreign-seated EA orders…
…(“Arbitrazh Court”). This provision confers exclusive jurisdiction to the Arbitrazh Court disregarding arbitration agreements entered into between sanctions-affected Russian parties and foreign entities. Against this, UniCredit secured an ASI from…
…first time in a series of recent cases in which the English High Court issued divergent decisions. Nevertheless, before the Court of Appeal the prevailing position was that, provided personal…
…arbitral process. For instance, South Africa’s penultimate Court, the Supreme Court of Appeal (“SCA“), in Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another…
…list is the United Kingdom Supreme Court’s decision in Dallah Real Estate and Tourism Holding Company v. Ministry of Religious Affairs, Government of Pakistan whereby the Supreme Court and Paris…
…DIFC Court, the Lahore High Court held, being judgments of a disputed seat’s court, had no value and led to an argument that presumes its own conclusion. Lastly, the application…
…the same time, deep-sea mining will undoubtedly be an area of potential dispute resolution – arbitration and court proceedings – in international law (see, e.g., Harrison/Pecoraro; Sun; Lodge). More recently,…
…of the Full Court vindicates the view taken by the Delhi High Court nearly seven years ago by concluding, similarly to the Delhi High Court, that the Award (being an…
…that include arbitration clauses. CPB Builder Pty Ltd and Hansen Yuncken Pty Ltd v. State of Southern Australia [2024] SASCA 130, Supreme Court of Southern Australia, Court of Appeal,…
