…Supreme Court’s Findings Regarding the Rules Governing the Enforcement of Arbitral Awards First, the Court clarified that the enforcement of foreign arbitral awards falls within the broader category of recognition…
…parties may be particularly wary of court intervention. Mr. Garcia Represa suggested that criminal court intervention during arbitration proceedings is an especially disturbing example of unwanted court interference. The arbitrator…
…court’s assessment of the pending ART review, the national court can overrule the ART proceedings and issue enforcement orders. This may create a problematic and complex situation – putting the…
In a recent decision, Court of Cassation No. 585/2023 (Commercial), the Dubai Court of Cassation (“COC”) concluded that the invalidity of a contract extends to the arbitration clause included in…
…of disputes concern the legality of digital assets. For this category, the seat of arbitration, the applicable law (governing law), and the enforcing state court are variables that may impact…
…prejudice save as to costs,” i.e., with the express reservation of the right to refer the letter to the court on the question of costs if the offer is not…
On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial…
…30 May 2018, the court was asked to review the lower court’s ruling that the defendant’s criminal proceeds in cryptocurrency could be confiscated under Korean law. The Supreme Court upheld…
…the Federal Republic of Nigeria v. Process & Industry Developments Limited, the Honorable Judge Robin Knowles of the High Court of Justice King’s Bench Division of the Commercial Court of…
…day concluded with an interactive mock session of the ICC Court led by President Salomon. The Court included Paul Di Pietro (ICC International Court of Arbitration Counsel), Cecilia Azar (Galicia…
The English Commercial Court’s September 4, 2020 decision in P&ID v. Nigeria (P&ID) agreed to halt enforcement due to a prima facie case of fraud. This decision introduced a novel…
The Guatemalan Constitutional Court (“Court”) recently ruled that a dispute can be too complex for an arbitral tribunal to decide for the umpteenth time. For context, the Court has jurisdiction…
…key questions when it comes to deciding whether to agree on emergency arbitration is whether such agreement will lead to the loss of the state court’s jurisdiction with regard to…
…ICC’s International Court of Arbitration, John Beechey offered invaluable outside perspectives in this regard. Regarding the planned reform of the German arbitration law, he called into doubt whether the organization…
…annul the arbitral award based on an alleged violation of the principle of private autonomy. However, the Supreme Court rejected this argument. The Supreme Court reasoned that determining the existence…
…of Arbitration) celebrating the ICC Court’s centenary anniversary. Conference co-chair Sara Nadeau-Seguin (Teynier-Pic) set the tone for the day, noting the appropriateness of the stock exchange as a venue for…
…provided that such notes and memoranda are personally reviewed, corrected and verified by tribunal members (see p. 5). Paraphrasing the words of the Hague Court of Appeal in Yukos, what…
…British Columbia’s International Commercial Arbitration Act authorizes the Supreme Court of British Columbia (a trial level court) to “decide the matter” of a challenge to a positive or negative jurisdictional…
Prior to the Supreme Court’s decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S. Ct. 2078 (June 13, 2022), certain Circuits permitted parties to private international commercial arbitrations…
…Plurinational Constitutional Court of Bolivia (“Court”), the extraterritorial jurisdiction issue of Bolivian courts arose in relation to an order issued within an ICC emergency arbitration proceedings seated in Santiago, Chile….
…claim if the loss would not have been incurred in any event, is a comparable limit. (2) The German Federal Court of Justice (Bundesgerichtshof, BGH) requires that the estimation is…
…noted a Singapore Court’s ruling that jurisdictional objections not raised during the underlying ISDS proceeding may no longer be raised as new arguments during an enforcement proceeding. Ms. Lin therefore…
…by the lower instance court in Mirassol and by the São Paulo State Court (“TJSP”). When judging the Appeal, the reporting Justice at STJ reverted TJSP’s decision, granting SANESSOL’s motion….
…lawsuit in Manhattan submitted a court filing that ChatGPT assisted drafting but later found that the case citations ChatGPT included in the filing were all bogus. Interestingly, when confronted with…
