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District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision
In 2007, two Dutch companies, AES Solar Energy Coöperatief U.A. And Ampere Equity Fund B.V. (collectively, the “Companies”), invested in renewable
In a NutshellDMRC Decision: A Critique
It is said that 'hard cases make bad law.' In a recent case the Delhi High Court was faced with the task of enforcing an arbitral award against Delhi
Draft Law “On Arbitration in the Republic of Albania”
On 24.04.2023, the Council of Ministers submitted to the Parliament the draft law “On Arbitration in the Republic of Albania”. The Draft Law aims to
Singapore: Intellectual Property Office of Singapore reports first successful mediation of 2023 before World Intellectual Property Organization Arbitration and Mediation Center
On 16 May 2023, the Intellectual Property Office of Singapore ("IPOs") reported the first successful mediation of 2023 held before the World
Paris Court of Appeal: Claims for reimbursement of expenses incurred during criminal proceedings are not covered by the arbitration clause
Factual Background In 2012, Mr. X bought a catamaran put up for sale by Mr. Y, who owned this catamaran through a British Virgin Islands company
Hong Kong court grants anti-arbitration injunction to protect enforcement of prior award
The Hong Kong Court of First Instance (“CFI“) has taken the rare step of granting an anti-arbitration injunction to restrain claims which sought to
PAGA Paraphrased - Seifu v. Lyft, Inc., 89 Cal.App.5th 1129 (2023)
Another panel from the Second Appellate District issued an opinion, following Galarsa, Piplack, and Gregg, holding that a PAGA plaintiff compelled to
The Arbitrability of Distributorship Law Disputes in Belgium: a reversal of case law
The Belgian Economic Code (previously known as the 1961 Distributorship Act - the “Act”) provides special protection against the unwarranted
Littler Lightbulb - May Employment Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in
Legal analysis of enforceability of assignment of arbitration clause in the light of Dubai court of Cassation 1603 2022 (commercial) verdict dated 30 March 2023.
In a nutshell, this judgement illustrates how Arbitration clause assignment is interpreted in the backdrop of the underlying transactions and wider
Kingsgate Property Ltd. v. Vancouver School District No. 39: Issue Estoppel and Prior Arbitrations under the Same Agreement
The British Columbia Supreme Court’s decision in Kingsgate Property Ltd. v. Vancouver School District No. 39, 2023 BCSC 560 (Kingsgate v. VSD39) has
Is it permissible for the Arbitral Tribunal to allow parties to continue or revive the proceedings once terminated?
Ms. Hyderabad Metropolitan Development Authority and Ms. Hyderabad Growth Corridor Limited (“Petitioners”) approached the Telangana High Court
Compensation for damage caused by the Russian invasion of Ukraine
The NYSBA 2023 Warsaw Spring Meeting raised the vital issue of compensation for damage inflicted by the Russian invasion of Ukraine. In this article
An Arguable Case May Be All You Need to Go to Arbitration in Ontario
In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court
Vietnam High Court refused to recognise and enforce a SIAC award in one of the first reported cross-border M&A disputes in Vietnam
The High Court of Vietnam in Hanoi recently published its decision in January 2023 upholding the decision of Hanoi People’s Court not to recognize
It Is Time to Check Your Onboarding Documents - Employer’s Confidentially Agreement Renders Its Arbitration Agreement Unenforceable
On April 19, 2023, the California Court of Appeal held that an employer’s arbitration agreement was unenforceable because of unconscionable terms
Defects in authorisations for signing pleadings in arbitration proceedings are curable
A Division Bench of the Bombay High Court ("Bombay HC") has in Palmview Investments Overseas Limited v. Ravi Arya & Ors. Inter alia held that an
Hitting the Bull’s Eye
The UK Court of Appeal has provided clarity on the important issue of whether the one-year time bar under Article III Rule 6 of the Hague-Visby Rules
The state of play of investment treaty arbitration in the Asia-Pacific
In this article, we survey the state of play of investment treaty arbitration in the Asia-Pacific region. We provide a brief overview of the region’s
UK signs the Singapore Convention on Mediation
The UK government has this month signed the United Nations Convention on International Settlement Agreements Resulting from Mediation (the
Current and emerging trends in Asia-Pacific energy disputes
Energy disputes represent some of the most complex and economically significant disputes in the Asia-Pacific region. This article identifies three
Asian private equity and international arbitration: key current issues
This article explores key issues arising from economic headwinds that have faced private company investors in Asia and their investee companies
Energy disputes in China: main trends and developments
This article discusses the main trends in the Chinese energy sector and the legal developments that have gradually clarified regulatory control in
Developments in third-party funding in mainland China
This article explores the emerging trend of third-party funding (TPF) in Mainland China. Although the legality of TPF in arbitration has been
Challenges, risks and disputes in the Australian energy transition
In this year’s article, we focus on three topics that have been critical in driving the energy transition in 2022. First, the impact in Australia of
The rise of arbitration in the Asia-Pacific region
Arbitral hubs and institutions in Asia have reached new heights in terms of their growth and popularity, achieving stellar global rankings and an
Untangling the knots: navigating disputes arising from complex financial instruments
Complex Financial Instruments can create a labyrinth of risks and uncertainties, even for experienced traders and investors. Their inherent