Introduction In his recent keynote address at the Singapore International Arbitration Centre (“SIAC”) Symposium, Minister for Law and Second Minister for Home Affairs Mr…
The substantive provisions of the Arbitration Act 2025 (the “2025 Act”) entered into force on 1 August 2025 via The Arbitration Act 2025 (Commencement) Regulations 2025. …
Eleventh Circuit holds that subrogees of plant owner are third-party beneficiaries of contract subject to arbitration, and that incorporation of ICC Rules indicates delegation of questions of arbitrability to arbitrators
Factual Background Litigation ensued after a catastrophic turbine failure at the Hadjret En Nouss Power Plant (the “Plant”) in Tipaza, Algeria. Various insurers, reinsurers,…
District court confirms arbitral award over objection that confirmation would run contrary to the United States’ public policy in favor of res judicata
Etrak Insaat Taahhut Ve Ticaret Anonim Sirketi v. Libya, No. 22-cv-864 (D.D.C. Feb. 4, 2025)[1] Factual Background In October 2012, Libya contracted with a Turkish…
Amendment No. 3 to the chronology of the jurisdictional battle between Russia and the European Union caused by the war on Ukraine – World upside down?
This third amendment to the chronology of the jurisdictional battle between Russia and the European Union[1] deals with an amicus curiae brief of 14…
Bavaria Once More: Highest Regional Court Confirms High Threshold for Assuming Violation of the Right to be Heard
Introduction The Highest Regional Court of Bavaria (“BayObLG”) has recently issued several decisions underscoring the court’s supportive stance toward recognition and enforcement of arbitral…
District court grants motion requiring parties to arbitrate, holding that right to arbitrate had not been waived despite three years of litigation
In Re: Amitiza, No. 21-11057-MJJ, (D. Mass. Jan. 27, 2025)[1] Factual Background In 2004, Sucampo Pharmaceuticals, Inc. (“Sucampo”) entered into a marketing agreement with Takeda…
Highest Regional Court of Bavaria clarifies that Expert Determination does not Displace Jurisdiction of an Arbitral Tribunal
“Justice may be delayed, but it is never denied.” This saying perfectly encapsulates the essence of a recent landmark decision by the Highest Regional…
Arbitrator Challenge Proceedings Do Not Allow for Judicial Control of the Arbitral Tribunal’s Conduct of the Proceedings
The Bavarian Highest Regional Court (“BayObLG”) recently reaffirmed the stringent standards German courts apply when evaluating allegations of arbitrator bias. In its decision of…
The air crackled with anticipation at the German Institution of Arbitration (DIS) Spring Event 2025 on May 6th and 7th, as attendees delved into…