International disputes increasingly focus on environmental issues, particularly in arbitration, either as a result of regulations deemed too restrictive by foreign investors, or as…
Hong Kong court rejects jurisdictional challenge and grants anti-suit injunction against Russian bank
Introduction It is a well-established principle in Hong Kong that foreign proceedings instituted in breach of an arbitration agreement will ordinarily be restrained by…
Chronology of the jurisdictional battle between Russia and the European Union caused by the war on Ukraine
Russia’s annexation of Crimea, the occupation of the Donbas region, the full-scale invasion of Ukraine and the subsequent sanctions imposed by the EU and…
General Court of the European Union: Legal Advisory Services to the Russian Government and to Russian Entities Illegal
In July 2023, we had reported that the French Association des Avocats Conseils d’Entreprises (ACE) had challenged the validity of Art. 5n (2) of…
Estoppel and fin de non-recevoir before the juge de l’annulation: jurisdiction of the Conseiller de la mise en état or the Court of Appeal?
In French civil procedure, the Conseiller de la Mise en État (CME) is a magistrate of the Court of Appeal responsible for ensuring the…
UK Supreme Court provides reasons for its decision to uphold anti-suit injunction for foreign seated arbitration
Introduction The UK Supreme Court has now provided its reasons for an earlier decision to uphold a decision by the English Court of Appeal…
Introduction In recent years, the world has witnessed an explosive growth in the popularity and value of virtual assets. This “digital gold rush” has…
United Arab Emirates: UAE Courts Hold DIFC-LCIA Arbitration Clauses to be Enforceable
The consequences of the Decree No. 34 of 2021 (“Decree”) (abolishing inter alia the DIFC-LCIA arbitration center, see our previous alerts here and here)…
USA: Appellate court reverses the trial court’s order granting motion to withdraw from arbitration and litigate in state court as otherwise permitted under California Code of Civil Procedure section 1281.97
Hernandez v. Sohnen Enterprises, Inc., 102 Cal. App. 5th 222 (2024), reh’g denied (June 3, 2024)[1] Factual Background In 2016, Plaintiff Massiel Hernandez (“Hernandez”) executed an…
United Arab Emirates: DIFC Courts Enforce Awards on Interim Measures for Arbitrations Seated Outside the DIFC
The DIFC Court of Appeal (“Appeal Court”) confirmed in a recent judgement in Neal v Nadir [2024] DIFC A 001 (“Judgement”) that the DIFC…