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Global Developments

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September 2022
Colombia: Supreme Court Strengthens Private Party Autonomy in Adopting Rules for Conducting International Arbitrations
September 2022
United States: Supreme Court Strengthens Private Party Autonomy in Adopting Rules for Conducting International Arbitrations
September 2022
Hong Kong: First Instance Court Clarifies Limitations to Iura Novit Arbiter
September 2022
India: Offshore Arbitration for Indian Parties – A Comment on the PASL Wind Solutions Case and Its Potential Impact in the Middle East
September 2022
France: Supreme Court Confirms Impact of International Sanctions on the Validity and Enforcement of Arbitral Awards
September 2022
Ukraine: Adoption of a New Law Regulating Mediation
April 2022
Africa: New African Signatories to the New York Convention
April 2022
Republic of Korea: An Update since the 2016 Amendments to the Arbitration Act and the Five-Year 'Masterplan'
April 2022
Singapore: Conditional Fee Arrangements to be Approved for Arbitration
April 2022
France: Two Supreme Courts – One Single Approach to the Review of Arbitral Awards
April 2022
Italy: The Time Has Finally Come to Say Goodbye to the Prohibition for Arbitrators to Issue Interim Measures
April 2022
Poland: Will Arbitration Ease Backlog in National Courts?
April 2022
Switzerland: Supreme Court Upholds Arbitral Tribunal's Refusal to Postpone Hearing
April 2022
United Kingdom: Towards a Harmonised Framework for Determining the Governing Law of an Arbitration Agreement
April 2022
United Kingdom: Departure from the Parties’ Pleaded Cases and Failure to Allow Party to Amend its Case Leads to Remittal of Award
November 2021
United Arab Emirates: Casting Concrete Foundations towards the Acceptance of Apparent Authority to Enter into an Arbitration Agreement
November 2021
Russia: ICC Court Granted 'Permanent Arbitration Institution' Status
November 2021
United Kingdom: Conflicting Dispute Resolution Provisions: The Arbitration Clause Prevails
November 2021
India: Emergency Arbitration Orders Declared Enforceable in India-seated Arbitrations
November 2021
China: The 2021 Proposed Amendments to the Arbitration Law: A New Era of Arbitration?
June 2021
Iraq: Ratification of the New York Convention
June 2021
Uzbekistan: The New – and First – International Commercial Arbitration Law
June 2021
France: Breach of International Public Policy: Issues of Foreign Overriding Mandatory Rules and Embargoes
June 2021
France: Sorelec v. Libya: A Call for Vigilance to Prevent Corruption in Investor-State Arbitration
June 2021
France: Paris Court of Appeal Sets Aside Another Investment Award Against Libya
June 2021
Russia: Russian Courts Continue Adopting a Pro-Arbitration Approach
June 2021
Spain: The Constitutional Court Narrows Judicial Scrutiny of Arbitral Awards
June 2021
Turkey: Regional Court of Appeals Firmly Rejects Public Policy Argument of ‘Excessive Arbitration Costs’
March 2021
Kenya: Supreme Court Allows Limited Appeal from High Court Decisions
March 2021
Canada: Uber Technologies Inc. v Heller: Supreme Court of Canada preserves competence-competence
March 2021
Hong Kong: Additional Awards under S. 69 of the Arbitration Ordinance
March 2021
Austria: Standards for Reasoning in Arbitral Awards
March 2021
France: The Right to Raise New Arguments on Jurisdiction in Annulment Proceedings
March 2021
France: The Subway Saga: Arbitration and Franchise Agreements
March 2021
Germany: Does the CISG Apply to Arbitration Agreements?
March 2021
United Kingdom: Halliburton Company v. Chubb Bermuda Insurance Ltd: Failure to Disclose but No Bias
November 2020
USA: United States of America - Second Circuit Rules in Hanwei Guo that Section 1782 Does Not Apply to Private Commercial Arbitrations
November 2020
USA: United States Supreme Court Rules That New York Convention Does Not Preclude Non-Signatories From Enforcing Arbitration Agreements
November 2020
Albania: An Overview of International Arbitration in Albania
November 2020
Denmark: Public Policy as Ground for Refusing Recognition or Enforcement of International Arbitral Awards
November 2020
Spain: The Constitutional Court Significantly Limits the Scope of Public Policy as Ground for Annulment of Awards and Reaffirms Full Respect for Arbitration
November 2020
Switzerland: The Federal Supreme Court Has for the First Time Set Aside an Investment Treaty Arbitration Award
November 2020
The Netherlands: Reinstatement of the Yukos Awards
November 2020
Turkey: Turkish Court of Cassation’s Pro-Arbitration Approach
July 2020
USA: Pursuant to 28 U.S.C. §1782(a), Some Courts in the US May Order a Person that Resides or Is Found in the US to Produce Evidence for Use in a Commercial Arbitration Seated Outside the US.
July 2020
Poland: New Amendment on the Arbitrability of Corporate Disputes: Challenges and Risks
July 2020
Portugal: Lisbon Court of Appeals Denies Security Pending Suspension of Recognition of Foreign ICC Award
July 2020
Egypt: Partial Refusal to Enforce Award Brings Out Interest Rates Public Policy Dilemma
July 2020
United Arab Emirates: Guerrilla Tactics regarding Arbitration Agreements Kim Rosenberg
March 2020
Egypt: Supreme Court Strikes a Chord: Establishing Support to Credible Institutional Arbitration
March 2020
United Arab Emirates: Courts Offer Clarity on the Procedures for Enforcing Domestic and Foreign Awards
March 2020
China: China’s Take on Arbitrability of Anti-Trust Matters
March 2020
India: The Arbitration and Conciliation (Amendment) Act, 2019
March 2020
Romania: National Courts Take a Conservative Position towards Emergency Arbitrator Orders
November 2019
Colombia: Supreme Court Sets Framework for the Annulment of Awards rendered in International Arbitrations Seated in Colombia
November 2019
Hong Kong: A Game Changer: Interim Measures from the Mainland Chinese Courts in Support of Hong Kong Arbitrations
November 2019
Hungary: Challenges to ICC and Other Foreign Institutional Arbitration under the New Hungarian Arbitration Act
November 2019
Lithuania: Foreign Award Granting ‘Unreasonable’ Penalties Refused Recognition and Enforcement
August 2019
Singapore: An examination of the anti-suit injunction vs the anti-enforcement injunction
August 2019
France: Paris Court of Appeal Upholds ICSID Additional Facility Award
August 2019
Sweden: Supreme Court Establishes High Threshold for Annulment of Arbitral Awards
June 2019
Singapore: Honouring the Parties’ Intent
June 2019
Singapore: Setting Aside an Investment Arbitration Award: A Case Brief of Swissbourgh v Lesotho
June 2019
France: Investment Award Partially Set Aside on Jurisdictional Grounds
June 2019
Sweden: Revised Arbitration Act Increases Arbitration Efficiency
February 2019
Argentina: The New International Commercial Arbitration Law
February 2019
Ecuador: The New Investment Protection Law: An Overview of Key Changes
February 2019
USA: The Daesang Decision: New York’s Manifestly Misunderstood Law on Vacating Awards
February 2019
USA: California Opens to International Arbitration
February 2019
Cyprus: Recovering Dissipated Assets
February 2019
Russia: Supreme Court on Validity of the ICC Model Clause: Keep Calm and Carry On
February 2019
Spain: The Obligation to Motivate an Award: An Open Door to the Substantive Review of an Award?
November 2018
United Arab Emirates: New Federal Arbitration Law: In with the New, Out with the Old
November 2018
Canada: British Columbia Amends and Modernizes International Commercial Arbitration Act
November 2018
United States: Appeals Court in New York Heightens Standard for Establishing ‘Evident Partiality’ of a Non-Neutral Party-Appointed Arbitrator
November 2018
Uruguay: The New International Commercial Arbitration Law
November 2018
Hungary: A Welcomed and Debated Arbitration Reform
November 2018
Italy: Constitutional Court Clarifies Temporal Application of Reform of the Grounds to Challenge an Award
November 2018
Switzerland: Supreme Court Confirms ‘Iura Novit Arbiter’
November 2018
United Kingdom: High Court Upholds Tribunal’s Dismissal of Claim on Grounds Not Specifically Advanced by Either Party
November 2018
United Kingdom: High Court Confirms West Tankers Ruling (and Issues Injunction to Restrain Proceedings outside the EU)
July 2018
Ukraine: Arbitration Reform: Overview of Key Changes
July 2018
India: Supreme Court Clarifies Restrictions on Foreign Lawyers’ Arbitration Practice
July 2018
Brazil: City of São Paulo Kick-starts Regulation of Dispute Boards in State Contracts
May 2018
United States: Delaware Court of Chancery Rules on Substantive Arbitrability in the Face of Two Conflicting Arbitration Agreements
May 2018
Romania: Latest Amendment to New Civil Procedure Code Cures Unclear Setting Aside Provision
May 2018
Russia: Supreme Court Reaffirms Importance of Due Process in Arbitration
May 2018
United Kingdom: High Court Declares Arbitration Notice Invalid
May 2018
United Kingdom: No Requirement for Security to Challenge Award Recognition and Enforcement
October 2017
Colombia: Iura Novit Arbiter in Colombia: Supreme Court Considerations on the Principle of Congruence in International Arbitration.
October 2017
Chile: Recent Dismissal of a ‘Recourse of Complaint’ against an Arbitrator Acting in an ICC Arbitration
October 2017
Canada: Ontario Adopts a New International Commercial Arbitration Act
October 2017
United States: The Court of Appeals for the Second Circuit Puts To Rest Enforcement Efforts in Thai-Lao Case
October 2017
Singapore: Service on Foreign States of Orders Granting Leave to Enforce Arbitral Awards
October 2017
Switzerland: Can an Interim Award Deciding on Part of the Jurisdictional Objections Be Challenged?
October 2017
Cyprus: Supreme Court Applies the Requirement of a "Duly Authenticated Original Award" in line with Text and Purpose of the New York Convention
October 2017
France: The Recent Decision by the Paris Court of Appeal in the Dresser Rand Case: an Endorsement of the Use of Adverse Inferences in International Arbitration
July 2017
Armenia: Top Courts Clarify Time Limits for Recognition of Arbitral Awards
July 2017
Finland: A Party Can Recover Costs of Court Proceedings for Interim Measures in a Subsequent Arbitration
July 2017
France: Does the Recent Law Modernising Justice Have Any Real Impact on Arbitration Clauses?
July 2017
France: Judicial Review of International Arbitration Awards in Disputes Related to Administrative Contracts
July 2017
Poland: Arbitration Clause No Defence Against Court-Assisted Settlement Proceedings?
July 2017
Ukraine: Arbitration Reform on the Way
July 2017
Singapore: High Court Issues Guidance on Court Discretion to Stay Arbitral Proceedings Pending a Jurisdictional Challenge
July 2017
United States: New York State Court Overturns ICC Award for Manifest Disregard of Law
July 2017
United States, Mexico: U.S. Confirms Enforcement of Award Set Aside in Mexico
April 2017
Angola: Ratification of New York Convention
April 2017
United States: Court of Appeals for Second Circuit Provides Guidance on Enforcement Against Alter Egosof Defunct Debtors
April 2017
Brazil: No Recognition of Foreign Arbitral Award Set Aside in the Country where the Award was Issued
April 2017
Singapore, Hong Kong: Legislative Reform Embracing Third-Party Funding in Arbitration
April 2017
Russia: Arbitral Institutions Now Required to be State-Registered
April 2017
Lithuania: An Arbitral Institution’s Independence in Question
April 2017
England: Where to Seek Injunctive Relief Before the Constitution of the Arbitral Tribunal?
April 2017
New Zealand: Arbitration Amendment Act 2016