Introduction Article 8(1) of the UNCITRAL Model Law, adopted in Hong Kong under section 20(1) of the Arbitration Ordinance (Cap. 609), provides that where a plaintiff brings a court action which is the subject of an arbitration agreement, the court must refer the parties to arbitration, if a party so requests, unless the court finds that the agreement is null and void, inoperative or incapable of being performed. An applicant seeking a stay under section…
In 2018, the European Court of Justice (ECJ) shocked the arbitration world: In its Achmea-decision, it invalidated arbitration…
This second amendment to the chronology of the jurisdictional battle between Russia and the European Union[1] is not about…
Welcome to the 18th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you our analysis of notable developments in international arbitration over the past year from over 40 jurisdictions worldwide. As with the editions before it, the 2024-2025 Yearbook covers important legislative and case law updates from each jurisdiction. This includes: You can access the latest edition of the International Arbitration Yearbook here or by hovering your cursor over the “International Arbitration Yearbook” menu, which appears…
Since posting the chronology of the jurisdictional battle between Russia and the European Union triggered by Russia’s war…
The Singapore International Arbitration Centre (“SIAC”) has announced the release of the 7th Edition of the Arbitration Rules…
On 7 August 2024, the Swiss Federal Supreme Court (“SFSC”) deliberated on the courts interpretation of an award by an arbitral tribunal seated in Switzerland (case no. 4A_34/2024 [in German]). Factual background The dispute at stake originated between a Dutch company (the claimant and subsequently appellant before the SFSC proceedings) and a German company (the respondent and defendant before the SFSC proceedings) concerning a 1985 agreement for the sale of Dutch natural gas. Over time, the parties…
A. LEGISLATION AND RULES A.1 Legislation The Indian Arbitration and Conciliation Act, 1996 (“Arbitration Act”) is the…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Thailand continues to be governed by the Arbitration Act,…
A. LEGISLATION AND RULES A.1 Arbitration in numbers in Brazil In 2024, Selma Ferreira Lemes, a famous arbitrator in Brazil, conducted a research study in 2024 considering data on arbitration proceedings for 2022 and 2023 from the largest arbitration institutions with a presence in Brazil. This study concluded that there was a slight decrease in the number of cases between 2022 to 2023 (a 5.36% reduction) and a significant drop in the average value of…