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In England and Wales

US District court holds that delegation clause must be enforced unless null and void based on defenses that can be applied neutrally on an international scale

by and 4 Mins Read

Ambrosia v. Blazesoft Ltd., No. 25 C 1723 (N.D. Ill. Oct. 21, 2025)[1] Factual Background Vincent Ambrosia, Jr. and Robert Houpt were customers of online gaming websites who brought a class action lawsuit against the operators of those websites. Plaintiffs alleged that Defendants preyed on them through addictive and illegal online gambling falsely marketed as free-to-play sweepstakes. Defendants moved to compel arbitration, relying on a broad arbitration agreement within the terms and conditions that Plaintiffs…

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In France

The Paris Court of Appeal annuls USD 14.92 billion award against Malaysia finding the underlying arbitration agreement to be inapplicable

by and 6 Mins Read

Commented decision: Paris Court of Appeal (Department 5 – Chamber 16), 9 December 2025, n°22/04007[1] On 9 December 2025, the Paris Court of Appeal annulled a USD 14.92 billion arbitral award rendered against Malaysia in favor of the heirs of the Sultan of Sulu. The Court held that the arbitration agreement contained in an 1878 agreement was inapplicable because a decisive and indivisible element of the parties’ consent—the reference to the British Consul General in…

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In England and Wales

Look Back to Look Forwards – Current Hot Topics Across the Arbitral Spectrum (and Expectations for 2026)

by , and 6 Mins Read

Introduction On Tuesday 2 December 2025, Baker McKenzie hosted the all-female panel, “Look Back to Look Forwards with ArbitralWomen – Current Hot Topics Across the Arbitral Spectrum (and expectations for 2026)” with ArbitralWomen as part of London Arbitration Week 2025. Kate Corby of Baker McKenzie chaired the panel and shared insights into the acute impact of geopolitical instability across the arbitration world as well as the increasing technical and documentary complexities of arbitrations. Wing Shek…

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In Germany

Highest Regional Court of Bavaria clarifies that Expert Determination does not Displace Jurisdiction of an Arbitral Tribunal

by and 4 Mins Read

“Justice may be delayed, but it is never denied.” This saying perfectly encapsulates the essence of a recent landmark decision by the Highest Regional Court of Bavaria (BayObLG) dated 12 December 2023 (Case No. 102 SchH 114/23 e). The court tackled the intricate relationship and interplay between arbitration clauses and expert determination clauses. It determined that expert determination clauses do not render arbitration proceedings inadmissible but “only” unfounded at present (“zurzeit unbegründet”) until the expert…

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