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The relevant date for determining the conversion rate of foreign award expressed in foreign currency is the date when the award becomes enforceable i.e., when the objections against it are finally decided
In a recent judgment of DLF Ltd. vs. Koncar Generators and Motors Ltd., the Hon'ble Supreme Court of India ("Supreme Court") formulated the following…
Can you remove an arbitrator from ongoing proceedings?
India being a country with a population of roughly 1400 million, the legal system and the courts in the country are overburdened with pending civil…
Pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 is mandatory to file a counterclaim in a commercial suit
The single bench of the Hon'ble High Court of Delhi ("Delhi High Court") in Aditya Birla Fashion and Retail Limited vs. Saroj Tandon has held that…
I’ll see you in… interim non-binding ADR!
Though dispute resolution might not be the first thing that comes to mind during contract negotiations, investing the time to articulate key concepts…
Protections in international projects
While major domestic projects can be complex enough, projects located in international jurisdictions present unique legal and political…
Swiss supreme court upholds an arbitration agreement and unequivocally rejects Achmea and Komstroy Doctrine
In a carefully reasoned judgment1 (Judgment) handed down in April this year, the Swiss Supreme Court upheld an arbitration clause entered into…
DIFC Courts address abolition of the DIFC-LCIA Arbitration Centre
For the first time, the DIFC Courts have provided welcome clarification on some of the issues generated by Decree No. 34 of 2021 and the fallout from…
Landmark decision on the tension between arbitration and insolvency extends BVI law to England & Wales
The Judicial Committee of the Privy Council (the JCPC) recently handed down a landmark decision dealing with a tension, which courts across common…
A busy year for Arbitration in Paris: Key developments in the first half of 2024
2024 has been an important year for arbitration in Paris, marked by a landmark court decision concerned with bias, an award from the Court of…
Hong Kong court reconciles conflicting dispute resolution clauses and refers parties to arbitration
The Hong Kong Court of First Instance has stayed proceedings before it and referred a dispute to arbitration 18 months after one of the parties…
JAMS’ Laura Abrahamson Appointed as President of California Arbitration (CalArb); Abrahamson, Barbara Reeves to Remain on Board for 2024-2025 Term
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that California…
The changing landscape of Dubai arbitration
Dubai has seen some key developments in recent years that have had a positive impact on arbitration in the region. In this article we look at the…
Judgment Gymnastics: Enforcing Overseas Judgments and Arbitration Awards in the U.S.
Perhaps you represent a U.S. company that is entering into a contract with an overseas entity, or vice versa. You are contemplating whether the…
NorthStar Earth & Space Inc. v Spire Global Subsidiary, Inc.: The Appropriate Analytical Framework for Injunctions in the Arbitral Context
Since the Supreme Court of Canada's decision in RJR-MacDonald Inc. v. Canada[1], the legal test for granting or denying an interlocutory injunction…
Timing is everything: Indian Supreme Court's landmark ruling on currency conversion in arbitral awards
The date of conversion of foreign arbitral awards into the local currency presents a complex challenge due to the inherent volatility of exchange…
Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act
The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory…
Singapore courts decide rare appeal against successful early dismissal under the Siac rules
A recent decision by the Singapore Court of Appeal offers rare insight into how a successful early dismissal application may be treated by the courts…
How do the updated Civil Procedure Rules promote ADR?
As covered in our article on the Churchill case, ADR has enjoyed a positive shift in judicial support, and this is now reflected in updates to the…
English arbitration act update
In the Q2 edition of HFW’s International Arbitration Quarterly1 we wrote about the ‘Reform of the 1996 English Arbitration Act- The Six Key Proposed…
Doing Business in the United Arab Emirates 2024
The United Arab Emirates (UAE) is a constitutional federation formed on 2 December 1971 between the seven Emirates of Abu Dhabi, Dubai, Sharjah…
Supreme Court upholds anti-suit injunction in support of a foreign seated arbitration - a discussion of the judgment in UniCredit Bank GmbH -v- RusChemAlliance LLC [2024] UKSC 30
In our Dispute Resolution Yearbook article Anti-suit injunctions for foreign seated arbitrations - a closing door?, we discussed the Court of…
South Africa: Employment case law update - key takeaways
On Thursday, 17 October 2024, we hosted a webinar on the latest cases impacting the employment law landscape in South Africa. Please click here to…
UK Supreme Court upholds anti-suit injunction for foreign seated arbitration: An English and Singapore law perspective
The Supreme Court in Enka Insaat ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38 held that where parties have not specified which law…
海商海事普法小课堂⑤：时效、法律适用、一些海事诉讼程序
在“一带一路”的蓝图中，海运如同一位优雅的舞者，它轻盈地在国际舞台上旋转，连接着亚洲、非洲、欧洲的港口，编织出一张张紧密的合作网络。而在这片连接世界的蓝色舞台上，海商事法律扮…
Alternative dispute resolution mechanisms in the criminal justice system
In February 2023, South Africa was greylisted by the Financial Action Task Force (FATF) - a significant global development that signals a country's…
Hold On To Your Seats! English Court Clarifies Jurisdictional Gateway for ASIs
In Investcom Global Limited v Plc Investments Limited [2024] EWHC 2505 (Comm) (Investcom), the English Commercial Court upheld certain interim…
Pro-enforcement Approach - Mainland China Highlights Typical Cases on Enforcing Hong Kong Arbitral Awards
Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong…
The planned modernization of German arbitration law brings a few specific improvements
The plans to modernize German arbitration law have moved forward in the form of the government bill (Regierungsentwurf) submitted to the German…
California Courts Greatly Expand Scope of “Ending Forced Arbitration of Sexual Harassment Act”
Two recent decisions from the California Courts of Appeal could have massive ramifications for employers seeking to enforce arbitration agreements…
Mexico Adopts Controversial Judicial Reform - What You Need to Know to Protect Your Business
As has been widely reported, Mexico recently adopted a constitutional amendment to overhaul its judiciary—most…