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”)…
On 11 April 2024, Baker McKenzie launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The Tracker provides an overview of the…
Switzerland: Landmark Decision by the Swiss Federal Court on the validity of the jurisprudence of the European Court of Justice on the applicability of the Energy Charter Treaty to intra-EU investor-state disputes
In a decision of April 3, 2024, the Swiss Federal Supreme Court (“SFSC”) dismissed an application by Spain for an annulment of an arbitral…
This House believes that Trust Arbitration is not going to succeed in resolving trusts disputes debate
This debate occurred as part of London International Disputes Week and was chaired by Stella Mitchell-Voisin, CEO of Summit Trust International. Anthony Poulton and…
Art.V(1)(d) NYC: District court declines to confirm an award because the arbitration procedure was not conducted in accordance with the parties’ underlying agreement
Spineway SA v. Strategos Group LLC, No. 22-mc-00604-JLH (D. Del. Mar. 1, 2024)[1] Factual Background Spineway SA (“Spineway”) and Strategos Group LLC (“Strategos”) were collaborators…
Hong Kong court applies principles for classifying an order as either an award or interim order in the context of interim measures
Whether an arbitral tribunal’s decision constitutes an “award” is an important question. It determines, for example, whether the decision is subject to review by…
One more bite, please? Indian Supreme Court sets aside arbitral award in exercise of its curative jurisdiction
A unanimous award (worth around USD 960 million) issued in favor of a construction consortium by a three-member Arbitral Tribunal sitting in New Delhi…