…ordered in favour of arbitration pursuant to s.9 of the Arbitration Act 1996. In considering whether or not to issue an injunction against arbitration proceedings commenced improperly, the court should…
…arcane world of international commercial arbitration, and finding Arbitration – then a slender, elegant volume available only in hard copy – was a huge turning point. I distinctly recall how…
…prioritizing fairness and transparency in arbitration agreements. This divergence has significant implications for both domestic and international arbitration. The FAA generally preempts state laws when arbitration agreements are part of…
…Commercial Arbitration (“Law No. 19,971” or “International Commercial Arbitration Law”).1)Case Nº 15.144-2024, “Requerimiento de inaplicabilidad por inconstitucionalidad respecto de la expresión ‘sólo’, contenida en los numerales 1), y 2), del…
The highly anticipated English Arbitration Bill has received Royal Assent, with the Bill enacted as the Arbitration Act 2025 (“2025 Act”). The 2025 Act modernises and amends the Arbitration Act…
…the Bosman principle), and EU competition law. Before the Belgian courts, the football club alleged that the unavailability of review of Court of Arbitration for Sport (“CAS”) arbitration awards by…
…reliable forum for arbitration, while safeguarding state sovereignty and creditors’ rights within a stable legal framework. Johannes Hendrik Fahner, The Human Right to Enforcement: A Critical Analysis of Strasbourg’s…
Reflecting the ever-evolving landscape of international commercial arbitration, the latest edition of the ICCA International Handbook on Commercial Arbitration covers significant legislative developments from Greece and Israel, both of which…
…Article 31.2 of the ICC Rules of Arbitration, Article 35.3 of the DIAC Arbitration Rules, Article 33.4 of the SCCA Arbitration Rules, and Article 22.1 of the QICCA Arbitration Rules)….
…2(b) and 66 of the English Arbitration Act 1996 (the “AA 1996”) allow the English Court to enforce arbitration awards, whether they be domestic or “foreign” (that is, arising out…
…providing for Milan-seated arbitration under the Milan Chamber of Arbitration Rules (“CAM Rules”). After X commenced arbitration against Y for breach of the distribution agreement, on 26 September 2023 the…
…changes and their potential impact on arbitration in Qatar further to the previous bog post. Key Amendments to QICCA Arbitration Rules Consolidation and Joinder Provisions A major change in the…
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email…
Many arbitration practitioners nowadays trace their initial interest in arbitration back to their student days, when they competed at the world’s largest and most renowned law student competition in the…
…other forms of mandatory arbitration. If the CJEU follows the AG, this may therefore have far-reaching consequences, not only for sports arbitration, but also for mandatory arbitration in other sectors….
…ad hoc arbitration procedure, the Shanghai Arbitration Association released the Shanghai Arbitration Association Ad Hoc Arbitration Rules, and arbitration institutions based in Shanghai such as the Shanghai International Arbitration Centre…
…of Article 53(h) of the (“UAE Arbitration Law”). A commentary of DCC Judgment 1 was reported in a previous blog post. Article 53(h) of the UAE Arbitration Law provides: “An…
…ongoing French arbitration law reform initiated by the former Minister for Justice at the end of 2024 (see here). Factual Background The dispute related to the management by Citigroup…
…that the underlying Arbitration Agreement omitted crucial operative details. For instance, there was no express provision for the seat of arbitration; rather, just a vague reference to the arbitration’s location…
…of arbitration against the Government of Mongolia under the USA-Mongolia BIT (Award, para. 71). Here, the claims’ timing is crucial. The claimant filed for arbitration when the bankruptcy proceedings were…
…opinions against importing constitutional law principles into arbitration are well-founded, as they could later be used to justify judicial intervention at other stages of the arbitration. One needs to only…
…August 2020, the Respondent commenced Singapore International Arbitration Centre (“SIAC”) arbitration proceedings against the Appellant, Y and Z (the “Arbitration”). A sole arbitrator (the “Arbitrator”) was appointed in October 2020….
…of foreign arbitral awards. According to French arbitration law, the enforcement procedure is a non-adversarial procedure, where the claimant only needs to present the award and the arbitration agreement translated…
…towards arbitration, enabling investors to directly assert their rights before a body of neutral decision-makers selected by both sides. Recent developments, however, have questioned whether arbitration remains the appropriate mechanism…
