The High Court of Australia (HCA) has unanimously dismissed an appeal by the Kingdom of Spain (Spain) in a decision concerning foreign state immunity…
Efficiency, Transparency and Digitalization – Germany’s Plans for Modernizing its Arbitration Law
On 18 April 2023, the German Federal Ministry of Justice published its „Guidelines on the modernization of German Arbitration Law“ (Guidelines)[1], proposing twelve potential…
District court finds claims of partiality baseless and confirms award requiring specific performance
Telecom Bus. Sols., LLC v. Terra Towers Corp., No. 22-cv-1761 (S.D.N.Y. Jan. 18, 2023)[1] Factual Background In 2015, Telecom Business Solutions, LLC, LATAM Towers,…
Kout Food: The autonomy and independence of the arbitration clause in the absence of an express will of the parties
On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international arbitration community in the Kabab-ji/Kout Food…
District court holds that courts may decide issues of arbitrability even where the contract incorporates arbitration rules that delegate such issue to arbitrators
Veerji Exports v. Carlos St Mary, Inc., No. 22 Civ. 3661 (LGS) (S.D.N.Y. Dec. 5, 2022)[1] Factual Background Plaintiff Veerji Exports (“Veerji”) contracted with BVC…
Brazilian Superior Court of Justice holds that, except for urgent matters, the courts have no jurisdiction to process early production of evidence proceedings when there is an arbitration provision in the contract
The Brazilian Procedural law has for long provided a procedural tool for a potential plaintiff to obtain evidence in aid of court proceedings or…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 16th edition looks at…
On September 2, 2022, the Supreme Court of Ukraine had to decide whether the New York Convention applies to the enforcement of awards in Ukraine which…
The purchase and sale of electric power within the Brazilian system is effected through a chamber named “Câmara de Comercialização de Energia Elétrica -…
Arbitration proceedings are becoming increasingly complex.[1] Pleadings are getting longer. Written evidence and the taking of evidence in general are becoming more extensive. 100,000…