ICCA and Queen Mary School Task Force’s Draft Report on Third Party Funding

On 1 September, a task force of the ICCA and the Queen Mary School of International Arbitration published a draft report on third party funding. The draft report is still available for public comment...

Eureka! Advocate General blasts European Commission on the validity of intra-EU investment treaties

In an advisory opinion to the Court of Justice of the European Union (CJEU), Advocate General Wathelet has rejected the argument that investor-State dispute settlement mechanisms in intra-EU bilateral investment treaties are inherently incompatible...

Diamond in the Rough: Singapore High Court sets aside Lesotho investor-State Award

In another ground-breaking case, the Singapore High Court has set aside an investor-State arbitral award on the basis that the tribunal exceeded its jurisdiction. This case follows on from the recent judgment in Sanum...

Be careful where you sit! English court refuses to enforce a foreign award set...

In Maximov v NMLK the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been set aside by the supervisory courts in the seat of...

Fraudulent Arbitral Awards – Anatolie Stati and others v Republic of Kazakhstan [2017] EWHC...

1.            Summary Could permission to set aside the English court's permission to enforce a Swedish arbitral award allegedly obtained by fraud be granted in circumstances where the Swedish courts had dismissed an application to set...

India May Have Signaled its Arbitration Embrace

Recent actions undertaken by the Supreme Court of India could signal a sea change in India’s approach to international disputes.  The Supreme Court recently instructed the Mumbai Centre for International Arbitration (MCIA) to appoint...

Germany: Federal Court of Justice Lowers the Bar for the Annulment of an Award...

In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle for setting aside an arbitral award based on the infringement of the disclosure obligation of a...

Argentina: New Legal Framework Allows for International Arbitration and Dispute Boards in Public-Private Partnership...

A recent legal framework in the Argentine Republic allows for domestic or international arbitration and dispute boards for public-private partnerships, and is expected to increase its use in such type of projects, especially for...

A Stepping Stone Without Overstepping The Mark – English Commercial Court Outlines What Constitutes...

In the recent anonymised judgment of P v Q and others EWHC 194 (Comm), the England & Wales Commercial Court gave some important guidance on delegation within Tribunals and the appropriate role of...

Brazilian Court of Appeals confirms the validity of arbitration in international sales representation agreement

On June 21, 2017, the Court of Appeals of São Paulo confirmed the validity of an arbitration clause set forth in an international sales representation agreement. The dispute began when an American company decided to...

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