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The 40th Freshfields Arbitration Lecture: Meg Kinnear Reflects on the Legacy of NAFTA Chapter 11
On 12 November 2025, Meg Kinnear, who served as ICSID Secretary-General from 2009 until 2024, delivered the 40th Freshfields Arbitration Lecture in…
Federal Court Considers Power to Review Arbitral Award; Enforcement via Reciprocal Enforcement of Judgments Act 1958 vs Arbitration Act 2005
In ING Bank N.V. & Anor v Tumpuan Megah Development Sdn Bhd [2025] 8 CLJ 873, a recent judgment by Malaysia's highest court, an issue arose vis-a-vis…
Bypassing Arbitration Clauses - To Injunct or To Not Injunct?
To injunct or to not injunct - and if so, where at? That is the question that many face when foreign just and equitable winding-up proceedings have…
Commercial Disputes Weekly - Issue 265
A company in default on a loan has unsuccessfully applied to conduct the sale of a property over which the loan was secured. The mortgagee had…
Germany’s top court clarifies intra‑EU constraints vs extra‑EU stability
On 18 September 2025, Germany’s Federal Constitutional Court (Bundesverfassungsgericht, Constitutional Court published two closely watched decisions…
Threshold for a successful denial of justice claim Defending denial of justice claims: strategies for States Conclusion
This article is part of our mini-series on investment arbitration. Drawing on the experience and expertise of our partners and lawyers in bringing…
Current State of US Economic Sanctions Imposed in Response to Russia’s Invasion of Ukraine - December 2, 2025
In its continuing response to Russia’s ongoing invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose…
Overview of Recent Changes in Korean Defense Procurement Dispute Resolution
The National Contract Dispute Mediation System is an alternative dispute resolution mechanism established under Article 29 of the Act on Contracts to…
新仲裁法修订亮点分析
本文章在新《中华人民共和国仲裁法（2025修订）》即将施行的背景下，对本次修订的重点条文进行梳理与实务分析。文章重点解析在线仲…
국방·방산분야 소위원회[국가계약분쟁조정위 산하] 신설에 따라 방위사업계약 관련 분쟁 발생 시 적절한 대응방안 선택이 더욱 중요해졌습니다
국가계약분쟁조정제도는 국가를 당사자로 하는 계약에 관한 법률(이하 ‘국가계약법’) 제29조 등을 근거로 하여 재판절차에 소요되는 시간과 비용을 절감하고 계약당사자 간의 분쟁을…
The Supreme Court of India reiterates that the arbitral awards cannot be revisited through indirect procedural routes
The Supreme Court of India ("Supreme Court") in the case of MMTC Limited vs. Anglo American Metallurgical Coal Private Limited dismissed the…
Top Five Tips When Seeking Leave to Appeal
In Ontario, there is no inherent right to appeal a decision. Appeal rights are “wholly a matter of statute”.[1] In certain cases, permission or…
Second Circuit Undercuts Plaintiffs’ Threats of Mass Arbitration Fees, Often Used In Asserting Privacy Claims
Earlier this fall, the United States Court of Appeals for the Second Circuit undermined a strategy often used by the Plaintiff’s bar in privacy…
Arbitration (Amendment) Bill 2025 supports international investment
On 1 December 2025, the Minister for Foreign Affairs and Trade (the Minister) published the Arbitration (Amendment) Bill 2025 (the Bill) to give…
Why are there two Hague Conventions dealing with Judgments? Understanding the Relationship Between Hague 2005 and Hague 2019
In the evolving landscape of international dispute resolution, the recognition and enforcement of foreign judgments remains a critical aspect of…
Spotlight on the Governing Law of Arbitration Contracts from England and Wales
This article considers section 6A of the Arbitration Act 2025 (the “AA 2025”) in respect of the governing law of arbitration agreements and the…
The Paris International Arbitration Newsletter - November 2025
On 30 September 2025, the Paris Court of Appeal addressed the limits of legal argumentation during annulment proceedings, specifically ruling on…
Shaping Thailand’s Approach to Third Party Funding: Insights from Japan and China
Third party funding ("TPF") has emerged globally as a transformative mechanism in dispute resolution, allowing claimants to pursue meritorious claims…
Section 9 Petition : Whether Maintainable for Disputes Arising Under a Power Purchase Agreement
Delhi High Court’s recent decision in Renew Wind Energy (AP2) Pvt. Ltd. v. Solar Energy Corporation of India reported at 2025 SCC OnLine Del 8252 is…
Still the standard? How London can keep its disputes crown
Summary London remains a leading global hub for commercial disputes, driven by the strength of English law and its appeal to international litigants…
Ireland's Evolving Disputes Landscape
Gerard Kelly SC, Partner and Co-Head of Dispute Resolution, discusses how Ireland’s disputes landscape is evolving, with more complex matters and…
The new infrastructure of arbitration: How digital arbitration case management redefining the arbitration experience
The arbitration landscape is evolving rapidly, with technological advancement acting as a major catalyst. Users are more digitally fluent than ever…
Part 5 - AI for legal professionals: AI in arbitration
Arbitration is characterised by party autonomy and procedural flexibility, often involving a cross-border dimension. While many AI applications, such…
Ticking the Right Boxes: the Orange v Shein decision on jurisdictional challenges and staying arbitration
In Orange Transgroup Ltd ("Orange") and IT Way v Shein Distribution UK Ltd. ("Shein"), the English High Court addressed the procedural interaction…
No Highlighted Hyperlink No Arbitration: Court Refuses to Enforce Arbitration Agreement in App Provider’s Website Because Hyperlink Wasn’t Hyper Enough
Earlier this week I discussed the importance of arbitration agreements to thwart TCPA class actions. Well today we see what happens when a website…
Show Me the Money (Legally): RBI Approvals for Remittance of Damages
The old question of whether RBI approval is required for payment of damages under FEMA has been recently re-looked at in two recent decisions…
California federal court denies motion to compel arbitration because checkout page lacked a sufficient prompt accompanying Terms of Service link
Recently, a California federal court declined to send false pricing class claims to arbitration, holding that while the retailer’s terms of service…
UAE Enforcement Landscape: Key Themes and Practical Takeaways
Recent developments reflect a jurisdiction that continues to support arbitration while maintaining a high bar for procedural discipline. Five recent…
Arbitration Agreements: A Primer
Arbitration is an inherently flexible mechanism that allows parties, by agreement, to create a bespoke process that suits their…
Update on the Saudi Center for Commercial Arbitration With Chris Alberti
On this Episode of The Arbitration Acumen Podcast, J.P. Duffy and Chris Alberti discuss the Saudi Center for Commercial Arbitration’s role in…