Hong Kong Court Dismisses Claim of Crown Immunity by Chinese State-Owned Enterprise

The Hong Kong Court of First Instance, in TNB Fuel Services Sdn Bhd v. China National Coal Group Corporation (08/06/2017, HCCT23/2015) ("TNB Case"), has rejected a claim for Crown immunity by a PRC state-owned...

Austrian Supreme Court set aside an arbitral award due to a violation of the...

In its decision of 28 September 2016, the Austrian Supreme Court ("OGH") partially set aside an arbitral award due to a violation of the procedural ordre public as the arbitral tribunal insufficiently reasoned its...

Tribunal dismisses investor’s claims because of breach of admissibility requirements under the applicable BIT...

Tribunal dismisses investor's claims because of breach of admissibility requirements under the applicable BIT in the ICSID case Supervisión y Control S.A. v. Republic of Costa Rica   On January 18, 2017, the Tribunal in the...

Litigation and Arbitration: A “complementary” approach

As we discussed in our blogpost last year, in March 2016, England's Lord Chief Justice, Lord Thomas, delivered a much debated speech in which he argued that arbitration is impeding the development of English...

International Service via the Postal Service: The U.S. Supreme Court Holds that the Hague...

Prior to May 22, 2017, there was a split among U.S. federal appellate courts as to whether service of process abroad, through postal channels, is permissible under the Convention on the Service Abroad of...

The Globalization of International Arbitration

A. Introduction International arbitration is often referred to as the area of globalization “par excellence.” Indeed, it is the preferred means of dispute resolution for multinational companies.  It brings together parties, counsel and arbitrators from...

Post M&A Disputes: Breach of Indemnification Clauses in M&A Contract

Indemnification clauses are common in share purchase agreements ("SPA"). Post M&A disputes frequently concern alleged breaches of such clauses. These disputes raise difficult questions of both substantive and procedural law. The reason is that...

Brazil: Law published today allows arbitration for extension of contracts and new bids on...

Law 13.448 was published today in Brazil, to regulate the possibility of extending or submitting to new bid certain current concessions of railways, highways and airports. This is an important step for the new...

The International Arbitration Bill: South Africa as a preferred Arbitration Venue on the Horizon?

As the world becomes more globalised and as ongoing international investment interest and economic growth across Africa continues unabated, a sound international arbitration framework provides international and local businesses in Africa with a comfortingly...

EU Court thwarts prompt ratification of EU-Singapore Free Trade Agreement

In a legal Opinion handed down on 16 May 2017, the Court of Justice of the European Union ("CJEU") declared that the free trade agreement  signed between the EU and Singapore in June 2015...

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