Fresh Off The Press: The Latest arbitrateAD Rules
…the respective SCCA Court of Arbitration and DIAC Court of Arbitration by circulating a list of names and asking the parties to rank them in order of preference. Early…
Search Results for: supreme arbitrazh court
2023 Washington Arbitration Week Recap: The Interplay Between ICJ and ISDS, the Eyes of International Adjudication Are Humanized
…between judgments of the International Court of Justice (“ICJ”)/ Permanent Court of International Justice (“PCIJ”) and investor-State dispute settlement (“ISDS”). The program bridged and expanded the discussion that took place…
2023 Year in Review: Human Rights and ISDS – Same Play, Different Actors
…human rights and the environment.” The statements of the Special Rapporteur as well as the UK Supreme Court in the P&ID case call into question the efficacy of arbitration in…
Countdown to RIDW24: Legislative Changes Mark New Era In Debt Recovery In Saudi Arabia
…the Saudi Commercial Court issued its final decision approving the restructuring plan, which reportedly promises creditors around 26 cents in the dollar on debt claims totaling about USD 7.3 billion….
Arbitration Reform, Azerbaijan, International Arbitration Law Library Series, International Arbitration Procedures, UNCITRAL Model Law
Azerbaijan Adopts a New Law on Arbitration
…does not allow the parties to appeal to a court in the event of an unsuccessful challenge against an arbitrator or a termination of the mandate of an arbitrator in…
2023 Washington Arbitration Week Recap: ECT Modernization or Collapse?
…backdrop (see for instance Novenergia’s award annulment by the Svea Court of Appeals confirmed in July 2023 by the Supreme Court), investors started to look outside the EU to enforce…
Countdown To RIDW24: Developments In Sports Arbitration In The Kingdom Of Saudi Arabia And Europe
…not attributed sufficient weight to Ms. Pechstein’s fundamental right of access to justice. The Constitutional Court further held that the German Federal Supreme Court’s ruling fell short of complying with…
Recent Dubai Court of Cassation Judgments: Is Arbitration an Exceptional Means of Resolving Disputes?
…to claim damages for the wrongful termination of their distribution agreement and the amount of AED 183,439,129, in addition to interest. Court of First Instance and the Court of…
ADR, Arb-Med, Asia-Pacific, Australia, International Arbitration Procedures, International Commercial Arbitration, investor-State arbitration and mediation, Litigation, Med-Arb, Mediation
Cross-Fertilisation in International Commercial Arbitration, Investor-State Arbitration and Mediation: The Good, the Bad and the Ugly?
On 22 February 2024, I am pleased to deliver the 6th ADR Address of the Supreme Court of New South Wales, co-organised by the Australian Disputes Centre. Past lecturers have…
CJEU’s “ISU Decision”: A Nail in the Coffin of Antitrust-Related Arbitration in the EU?
The German Federal Court of Justice (“BGH”) set off a heated debate when it vacated an arbitral award based on the false application of certain sections of the German Competition…
2023 Year in Review: A Look Back at Arbitration in Canada (Part 1)
…witnesses’ recollections.” Was the Court here crossing a bridge it had not reached? Uber Echoes In 2020, the Supreme Court of Canada’s judgment in Uber Technologies Inc. v. Heller…
2023 in Review, Annulment, Canada, Due process, Procedural Fairness, Recognition and enforcement of arbitral award, Set aside an arbitral award
2023 Year in Review: A Look Back at Arbitration in Canada (Part 2)
…“the court should defer to decisions made by the court in the seat of the arbitration on questions decided by that court,” the Ontario court held that the Chinese court…
Countdown To RIDW24: New Year, New Arbitration Hub: KSA’s Impressive Delivery On Its Promise to Create an Attractive Environment for Investors
…SCCA Court (Art. 3), complemented by new Internal Rules, in effect since 1 July 2023, in an effort to further promote transparency and efficiency. Most recently in November 2023, the…
India ADR Week 2023 Spotlight: Investor-State Disputes
…by the Indian Supreme Court. The question remains whether India should consider becoming a signatory to the ICSID Convention. The protections outlined in the Indian Model BIT could potentially address…
Unearthing Cryptic Agreements and Cryptocurrency: An Analysis of Beltran v. Terraform Labs
The General Division of the High Court of the Republic of Singapore (“SGHC”) in the matter of Beltran, Julian Morena and another v. Terraform Labs Pte Ltd and others [2023]…
Stamp of Approval: The Indian Supreme Court Says Yes to Arbitration
…reference to make an application to an Indian High Court or Supreme Court. A court in a section 8 reference has to look at the validity of an arbitration agreement…
“Arbitration Observatory”: Decisions Involving Arbitration Issued by the State Court of São Paulo in Numbers
…judicial decisions involving arbitration issued by the State Court of São Paulo (“TJSP”), based on statistical and inferential methods, to foster and democratize the access to arbitration in Brazil (see…
Binding Non-Signatories: Ukrainian Supreme Court Adopts a More Liberal Approach
…consideration by the local commercial court. The Guarantor submitted a request for the annulment of the NCCA’s judgement to the Commercial Court of Cassation of the Supreme Court. The Commercial…
Carry on Regardless? The Sulu Case, Arbitrator Authority and Principles of Recognition
…the Dutch Supreme Court’s 2014 Gazprom judgment: a foreign judgment is recognized if (i) the foreign court’s jurisdiction is based on a ground “generally acceptable according to international standards”, (ii)…
US Court Refuses to Enforce a DIFC-LCIA Arbitration Clause due to Abolishment of the DIFC-LCIA Arbitration Centre
…Supreme Court had interpreted the FAA as reflecting a “liberal federal policy favoring arbitration”. The Louisiana Court then explained that this provision reflects the “fundamental principle that arbitration is a…
2023 in Review, ECT Withdrawal, Energy Charter Treaty, ESG, ICJ, International Investment Arbitration, International tribunals
2023 in Review: Climate Change and ISDS – Reshaping Investment Arbitration to Achieve Climate Goals
…on investment arbitration and public international law, as the International Tribunal for the Law of the Sea (ITLOS), the International Court of Justice (ICJ, Court) and the Inter-American Court of…
2023 Year in Review: A Look at International Arbitration in California
…Bielski, No. 22-105 (U.S. 2023), the U.S. Supreme Court held that litigation in district courts is automatically stayed when a party appeals the denial of a motion to compel arbitration,…
Available Now: The ICCA Yearbook Commercial Arbitration, Volume XLVIII (2023)
…2023 Yearbook contains 120 court decisions from 27 jurisdictions. Among the highlights are fifty court decisions from Singapore, prepared in cooperation with the Singapore International Commercial Court, which substantially update…
2023 in Review, Annulment, Arbitrability, Duty to Disclose, France, French Law, Investment Arbitration
2023 Year in Review: Arbitration-Related Developments in France
…court could grant an ASI in support of a Paris-seated arbitration. In two of the relevant cases, the ASIs were ultimately granted after the High Court and Court of Appeal…