…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…
…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…
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]…
…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…
…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…
…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…
…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)…
…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…
…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…
…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,…
…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…
…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…
…Court was not authorized to try the dispute. However, at both the cassation and judicial review stages, the Supreme Court, through its Decision No. 862 K/Pdt/2013, considered that it was…
…the International Court of Justice linked arbitration to the rule of law, stating that African states’ insufficient participation in arbitration is “a negative factor with respect to the potential contribution…
…Arnold & Porter’s International Arbitration Practice Group. Its court further includes former judge of the International Court of Justice and Prime Minister of Jordan, Awn Shawkat Al-Khasawneh, who will be…
…organizations such as the London Court of International Arbitration (“LCIA”) and the ICC International Court of Arbitration. This partnership will promote the exchange of information on all aspects of arbitration…
The Bahrain Court of Cassation (“Court of Cassation”) recently examined the relationship between arbitration and a pre-required mediation step in its decision of 19 June 2023 in Case No. 815…
…transparent, traceable, non-discriminatory, and environmentally friendly. In late 2022, the Supreme People’s Court of the People’s Republic of China issued its Opinion on Regulating and Strengthening the Applications of Artificial…
…commercial arbitration, Russian State Commercial (Arbitrazh) Courts have consistently “grabbed” jurisdiction on claims in the presence of straightforward “non-Russian” arbitration clauses. Notably, pursuant to a law that was adopted in…
…of developments, Markus examined the approach of EU member state courts. The German Federal Supreme Court has found, following Achmea, that arbitration agreements intra-EU BITs are contrary to EU law…
…latter to revoke, suspend or modify a court-ordered measure. The purpose of this post is to question if we should rethink the scope of court-ordered injunctions vis a vis the…
…extend the time limit, but they cannot contractually agree to waive the time limit altogether. Rather, the Italian Supreme Court considers the time limit an essential element of the arbitration…
…a partial final award. The High Court relied and emphasized on the decisions of the Court of Appeal in Metalform Asia Pte Ltd v Holland Leedon Pte Ltd [2007] 2…
…Decision No. 39,756-2021, 18 February 2022 Cristián Conejero-Roos, Cuatrecasas, ITA Reporter for Chile The Chilean Supreme Court (the ‘Supreme Court’ or the ‘Court’) granted recognition and enforcement of an arbitral…
