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Legal update 24-25
The Chartered Institute of Arbitrators South East Branch and Stevens & Bolton present a Legal Update covering recent developments and key issues in…
Pathological Clauses in Arbitration: A Comparative Study of UAE, Egypt, and Jordan
In the field of international arbitration, the drafting of clear and precise arbitration clauses is essential for ensuring the…
Pathological Clauses in Arbitration: A Comparative Study of UAE, Egypt, and Jordan
In the field of international arbitration, the drafting of clear and precise arbitration clauses is essential for ensuring the effectiveness and...
Many have tried, not all have failed: English Court allows a challenge under section 68 of the Arbitration Act 1996
Section 68 of the Arbitration Act 1996 allows a party to apply to Court to challenge an arbitral award on the ground of serious irregularity. The…
The Legal Uncertainty: Bankruptcy Proceedings and Arbitration in North Macedonia
In recent years, it has become increasingly common for companies in North Macedonia to choose arbitration as the method fo…
Mistake No. 8 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Know the Benefits and Perils of a Privately Administered Arbitration
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when…
Court rejects use of the “headless” PAGA action strategy to avoid arbitration
In a recent published decision, the California Court of Appeal delivered a blow to plaintiffs seeking to avoid arbitration of claims under the…
Court of Appeal rejects Libya’s claim for immunity from enforcement
The English Court of Appeal has rejected an appeal from the State of Libya (Libya) on the question of whether the phrase “final, binding and wholly…
Vento Motorcycles, Inc. v. Mexico: Bias of One Tribunal Member Necessitates Setting Aside of Arbitral Award
It is well established that in commercial arbitration, a court’s authority to set aside an award is - for good reason - limited. That being said, the…
The Arbitration Act 2025? Arbitration Bill Set to Become Law
On 11 February 2025, the UK Arbitration Bill 2024[1] completed its legislative journey through the House of Commons. All that remains before the…
HKIAC at 40: Reflections and future ambitions with Secretary-General Joanne Lau
As the Hong Kong International Arbitration Centre celebrates its 40th anniversary, Reed Smith’s J.P. Duffy welcomes Secretary-General Joanne Lau to…
ICC 2024 arbitration and ADR preliminary statistics published
Introduction The International Chamber of Commerce (ICC) recently published its preliminary arbitration and alternative dispute resolution (ADR)…
Alternative Dispute Resolution in Litigation
In recent years there has been a growing emphasis on all parties to a claim to consider engaging in ADR (Alternative Dispute Resolution). ADR refers…
Taking the A out of ADR? Recent decisions and judicial commentary signals increased support from the English court for mediation
In a recent decision in DKH Retail Ltd & Ors v City Football Group Ltd1 (DKH Retail), the English court has demonstrated its increased willingness to…
The Sixth Circuit Rules on Arbitration Clause Enforcement
The U.S. Court of Appeals for the Sixth Circuit Court has ruled that an arbitration provision in a Plaintiff’s employment contract is binding and…
Commercial Disputes Weekly - Issue 234
The UK’s First-tier Tribunal (Property Chamber) has made a significant decision regarding remediation contribution orders (“RCOs”) under the Building…
Proposal to redefine the arbitration landscape in India: A review of the Arbitration and Conciliation (Amendment) Bill, 2024
Late last year, the Indian government released a draft of the proposed Arbitration and Conciliation (Amendment) Bill, 2024 (the "Draft Amendment…
Realistic or fanciful? Court decides whether defendants have a realistic prospect of defending claims under a personal guarantee and for price under an oil spot contract
This decision is interesting for the Court’s discussion of the nature of a personal guarantee, namely whether and when it is an on-demand bond or a…
What’s Reasonableness Got to Do with It? Courts continue to grapple with the standard of review of arbitral awards under appeal
The standard of review of appeals arising from domestic arbitration awards is an issue that continues to divide lower courts…
Examining the ‘Court’ Quandary: Section 29A of the Arbitration Act
Section 29A of the Arbitration and Conciliation Act, 1996 (“Act”), provides for time limit of twelve months from the date of completion of pleadings…
Dubai Court of Cassation Holds Clause Providing for Court Provisional Measures Not a Waiver of Arbitration Agreement
The Dubai Court of Cassation (Court of Cassation) in Case No. 296 of 2024 vacated the decision of the Dubai Court of Appeal (Court of Appeal) in…
Stamping of Arbitral Awards
Imposing stamp duty on arbitral awards seems rather unusual, as these two concepts don’t naturally go together. Stamp duty is a…
SIAC新《仲裁规则》简易程序及其选择适用
SIAC(新加坡国际仲裁中心)于2024年12月9日发布了新的《仲裁规则》（即第七版《仲裁规则》），新《仲裁规则》已于2025年1…
Middle East Disputes: Trends Tracker 2025
Traditionally, investment flows in the Middle East have concentrated around core energy and infrastructure industries. However, we are now seeing a…
A step towards securing the enforcement of investment treaty arbitral awards
Recent decisions in the US, the UK and Australia would suggest that ICSID awards will be upheld as a waiver of sovereign immunity for the purposes of…
Court of Appeal: Time Frame to Challenge Appointment of Arbitrator Must be Strictly Complied With
In the Court of Appeal case of ZMSB v PSB [2025] 1 AMR 592, the Court of Appeal found that in light of Section 15(2) of the Arbitration Act 2005 (“AA…
香港国际仲裁中心（HKIAC）2024版仲裁规则亮点评析
2024年6月1日，香港国际仲裁中心（以下简称“港仲”或“HKIAC”）发布的2024年版《机构仲裁规则》（以下简称“2024《规则》”或“新…
The Dekagram: 17th February 2025
This week we examine an unusual arbitration case involving (or did it?) a foreign limitation period; and another decision on the tension between open…
Unravelling an anti-suit injunction: the latest in the battle between UniCredit and RusChemAlliance
In an unusual set of events, UniCredit Bank GmbH (UniCredit) has been granted an order to vary a final anti-suit injunction, which was originally…
CAS to VAR review? CJEU Advocate General proposes court oversight of CAS awards
The Advocate General Ćapeta decided in an Opinion last week that awards by the Swiss Court of Arbitration for Sport (CAS) must be open to full review…