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Article 111(7) of the Italian Constitution grants parties with the right to file an extraordinary appeal with the Supreme Court on grounds of error in law against any state court final decision regarding personal freedom. The reference to personal freedom would seem to limit the scope of the remedy to criminal actions. However, already in 1948, the Supreme Court of Cassation extended the availability of the appeal to civil proceedings and, in particular, infringement of…

The Hong Kong International Arbitration Centre (HKIAC) has announced that the new version of its Administered Arbitration Rules (2018 Rules) will come into force on 1 November 2018. The 2018 Rules can be found here. The 2018 Rules introduce a raft of important and useful amendments including rules facilitating complex arbitrations, a procedure for an early determination of points of law or fact, shorter time limits under the emergency arbitrator procedures, third party funding provisions,…

The Commercial Court has upheld a challenge under section 67 of the Arbitration Act 1996 (“AA 1996”) to an arbitral award in which the Tribunal ruled that it lacked jurisdiction over the dispute. The Tribunal’s decision was based upon its interpretation of the arbitration clause in a Russian language contract governed by English law, the meaning of which was ambiguous in translation. The case of A v B [2018] EWHC 1370 (Comm) underscores the care…

A couple of months ago a decision by the European Court of Justice (“ECJ”) shocked the arbitration community: The ECJ decided in its (in)famous Achmea-decision that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment treaties (see https://www.globalarbitrationnews.com/ecj-stops-investment-arbitration-intra-eu/). The reasoning of Achmea was that EU member states are bound to use the judicial system established by the European Union. Settling disputes in private arbitration proceedings would, according…