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…
A serious question to be tried: are settlement agreements and subsequent procedural orders terminating an arbitration subject to the setting aside and enforcement regimes for awards under Hong Kong law?
The Court of First Instance (CFI) already considered twice this year in the context of interim measures whether an arbitrator’s order amounted to an…
Hong Kong court refuses enforcement of two related Mainland awards due to circumstances arising from ex parte communications involving the claimant, the institution, and the first tribunal
The Hong Kong courts consistently adopt a robust and purely mechanistic approach to applications resisting enforcement of awards, but they will refuse enforcement in…
Russian Supreme Courts Rules Tribunals Formed of Nationals of Unfriendly States Presumed to Lack Impartiality
Another piece of troubling news for arbitration in Russia-related matters came to light. The Russian Supreme Court ruled in Case No. А45-19015/2023 (the “Ruling”)…