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国际仲裁中第三方资助的发展现状和观察
随着贸易和资本全球化，国际商事仲裁已经成为国际争议解决的首选方式。国际商事仲裁因具有效率高、保密性强、专业度高等诸多优点受企业和当事人青睐，但随之而来的高昂仲裁费用却也成为了许多企业和当事人的负担。无力支付仲裁费用的企业和当事人难以应对旷日持久的讼争，甚至被迫放弃合法合理的主张。如陈美兰法…
“一带一路”倡议下中国国际仲裁的发展趋势
"一带一路"倡议已成为中国积极倡导搭建的全球最大国际合作建设平台，在"一带一路"沿线国家间形成的超大规模合作对制度供给提出了重大需求，国际法律服务需求显著增加，中国也在加大国际法务建设(如海丝中央法务区、上海中央法务区、前海深港国际法务区等)。 中国律师需要积极准备，在国际法、国际仲裁法律服务市场…
Interpretation vs. decision-making: Bavarian Highest Regional Court rules on power of state courts and its limits to interpret and clarify operative part of arbitral awards in recognition proceedings
In a decision on an application for declaration of enforceability of a domestic arbitral award on agreed terms, the Bavarian Highest Regional Court…
Lab-grown “fake” gems? Arbitrator’s comments not evidence of bias, Singapore court rules
The Singapore High Court has rejected an applicant’s efforts to set aside an award on grounds that the arbitrator had breached the rules of natural…
UK Supreme Court upholds anti-suit injunction in unicredit case finding English courts had jurisdiction to grant relief
Following a hearing that took place last week (17 and 18 April 2024), on 23 April 2024 the UK Supreme Court announced its decision in Unicredit Bank…
Snapshot: Enforcement of foreign arbitral awards following Cayman Grand Court judgment
The Cayman Islands benefits from a statutory "self-contained procedural code" for the recognition and Enforcement of Foreign Arbitral Awards made in…
IRS Appeals Forms New Office to Help IRS Exam Resolve Disputes Earlier and Easier
For years, the IRS has offered alternative dispute resolution (ADR) at various stages of the tax administrative process. Use of ADR, however, has…
Be prepared to mediate on your small claim
In August 2023 we discussed the proposed changes regarding mediation in the small claims track and HMCTS have now confirmed that parties will need to…
Supreme Court holds that stamp duty is not payable on every increase in the authorized capital of a company if the prescribed maximum duty is already paid
The Supreme Court of India ("Supreme Court") in its recent judgement State of Maharashtra & Anr., Vs National Organic Chemical Industries Limited 1…
An arbitral tribunal has the power to implead a non-signatory to arbitration proceedings under Section 16 of Arbitration Act
A single bench of the Bombay High Court ("Bombay HC") has in Cardinal Energy and Infra Structure Private Limited & Anr. V. Subramanya Construction…
Will video hearings replace face to face arbitration?
The use of video technology to conduct virtual hearings in international arbitration, and other legal hearings, become commonplace following the…
Louisiana Federal Courts Hand Insurers More Wins in Bids to Enforce Arbitration Agreements
Federal courts in Louisiana continue to reject policyholders’ efforts to avoid arbitration by suing only domestic insurers. Louisiana law prohibits…
Bombay High Court upholds the authority of the State of Maharashtra to levy stamp duty on delivery orders under the Maharashtra Stamp Act, 1958
The Division Bench of the Bombay High Court ("Bombay HC") has in Saurer Textile Solutions Pvt Ltd v. The State of Maharashtra & Ors and Connected…
The IBA’s updated guidelines on conflicts of interest in arbitration
The IBA recently published the third iteration of its Guidelines on Conflicts of Interest in International Arbitration , some 20 years after the…
Space Law and Arbitration: An introduction to Space Law in the UAE
This series is timely given that the space industry is no longer dominated by a handful of space faring nations. We are now in the era of NewSpace…
An overview of the Abu Dhabi International Arbitration Centre
Kristin Campbell-Wilson, executive director of the recently launched Abu Dhabi International Arbitration Centre (known as arbitrateAD), talks with…
Current Trends in Domestic Arbitration in India
An effective and efficient domestic arbitration system is critical to the functioning of business and the rule of law in India and is of vital…
Is the Arbitrator biased? - (Indian) Supreme Court Refuses and Dismisses Challenge to Enforcement of Foreign Award
The Indian Supreme Court, in a recent landmark judgment, dismissed a challenge against enforcement of a foreign award on the ground of violation of…
The Court of Appeal on arbitration clauses in the context of winding-up petitions: Re Simplicity & Vogue Retailing (HK) Co Limited [2024] HKCA 299
In Re Simplicity & Vogue Retailing (HK) Co., Limited [2024] HKCA 299, the Court of Appeal (Kwan VP, Barma and G Lam JJA) held that the approach…
More lessons for crypto asset platforms: Singapore court holds parties to litigation as opposed to arbitration
Terraform Labs Pte Ltd (“Terraform”) is a Singapore-incorporated company in the business of developing software and applications which run the Terra…
2023 in review: landmark arbitration cases in India
The legal framework governing arbitration in India has undergone significant reform to align with international trends and meet the demands of the…
Guy Lam applies to arbitrable cross-claims: Re Shandong Chenming Paper Holdings Ltd [2024] HKCA 352
In the highly anticipated decision of Re Shandong Chenming Paper Holdings Ltd [2024] HKCA 352 (Chenming), the Court of Appeal (dismissing the…
JAMS Announces New Artificial Intelligence Disputes Clause and Rules
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce it has created new rules…
Commercial Disputes Weekly - Issue 202
The Court of Appeal has upheld a lower court decision that English court proceedings should be stayed in favour of arbitration. The parties entered…
Unravelling the Distinction between ‘Reference to’ and ‘Incorporation of’ Arbitration Clauses
While entering into a transaction, companies often invoke multiple standard terms from other agreements, instead of reproducing all applicable terms…
Changes to the International Bar Association’s Guidelines on Conflicts of Interest in International Arbitrations
The International Bar Association ("the IBA") published its 2024 Guidelines on Conflicts of Interest in International Arbitrations ("the Guidelines")…
English High Court Unravels National Iranian Oil Company’s Attempt to Shield £100M London Property from Enforcement of Arbitral Award
The English High Court has ordered the National Iranian Oil Company (NIOC) to transfer a high-value London property to Crescent Gas Corporation…
Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts
Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,1 that the Federal Arbitration Act’s (FAA)…
International Bar Association Publishes 2024 Guidelines on Conflicts of Interest in International Arbitration
In February 2024, the International Bar Association (IBA) published the 2024 edition of its Guidelines on Conflicts of Interest in International…
Time-limit for challenging an Award under Section 34 of the Arbitration Act is absolute - Delhi High Court
Section 34(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act") provides that an application for…