…Court said that an award which arose from such an arbitration would be “neither a foreign award nor domestic award,” and therefore not enforceable. On that basis, the Court said…
…Bring Safety or Privacy Claims in Court Assuming a user or group of users wish to seek the types of relief and advantages that court-based litigation can offer—including class-wide permanent…
…ended at the Supreme Court of Canada. Perhaps the most noteworthy themes have emanated from Ontario and Quebec courts, which grappled with notions of arbitrator impartiality and State immunity. …
…intention to ensure the establishment of a seat for international commercial arbitration in Malawi. The Malawi Supreme Court has further indicated its support for this project through a recent decision…
…the court to reduce the burden of the obligation. Article 471(3) of the CTL confers even broader powers on the court where the equilibrium between the parties has radically changed…
…(“Court”) dealing with the appeal brought by the State of Libya against an ordinance recognizing an arbitral award in absentia in its favor. The Court thus addressed the admissibility of…
The 2024 volume of the Yearbook Commercial Arbitration is now available in print, as well as online on the KluwerArbitration database. It contains 120 court decisions that apply the 1958…
…High Court of Delhi and the Supreme Court, and a review petition before the Supreme Court). While the Supreme Court clarified that the exercise of curative jurisdiction should not to…
…the Saudi Ministry of Justice (MOJ) in soliciting over 1400 judgments of courts of appeal, as well as certain Supreme Court judgments, issued between 2017 and 2022 relating to motions…
…current regime which commissioned a committee of legal professionals (led by a senior justice of the Supreme Court of Pakistan) in 2023, to develop the Draft Act. Arbitration reform has…
…basis for the Applicant’s set aside application. Law Considered The High Court cited a small number of seminal Irish cases in determining the correct approach. The Supreme Court case…
…this Circuit split, the Court’s decision provides guidance to a long-acknowledged uncertainty. Coinbase v. Suski: Competing Clauses Resolved by Courts, not Tribunals The Supreme Court also resolved Coinbase v. Suski…
As part of the 2024 Year in Review series, this post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2024. The 2024 decisions provide…
…In 2024, Australia’s apex court, the High Court of Australia (“High Court”), delivered three judgments concerning international arbitration. In Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH &…
…248 APC in Current Proceedings The standard Russian parties have to meet under Article 248 APC is low. As already discussed on the blog, the Russian Supreme Court held in…
Can an arbitral tribunal revisit issues of liability after rendering an interim award in bifurcated proceedings? This was the question put to the High Court of Australia (the “Court”) in…
…list of topics for modernisation did not include Article 26 of the ECT. Following several rulings of the Court of Justice of the European Union (“CJEU”) (notably in Achmea and…
…the alleging party. AR allows the court to grant any order required to remedy the abuse. In stark contrast, when faced with a breach of FET investment tribunals, as a…
…of decisions of the Federal Supreme Court must, in any event, be able to cover the question of whether the CAS awards comply with the fundamental provisions that are a…
…attachment measures compatible with the presumption of immunity—just as the Supreme Court confirmed in Instrubel. Moving Towards a Double Waiver With its decision, the Court has indicated an openness in…
…ruling of the Supreme Court and an overview of the countries’ approaches have been discussed on the Blog). The Supreme Court acknowledged the autonomy that the parties to a contract…
…accuracy of the enhanced footage. However, the prosecution was unable to do so within the, albeit very short, allocated time of 15 minutes. The court ultimately held that the burden…
…International Commercial Court (“BICC”), whose appeals will be heard by the Singapore International Commercial Court. The new arrangement comes as Bahrain works to create a Bahrain Arbitration Bay—an international disputes…
…in northern Colombia that was suspended by a decision of the Colombian Supreme Court. According to the Court, the expansion of the mine may impact the local communities’ fundamental rights…
