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Resolving Circuit Split, US Supreme Court Unanimously Rules That New York Convention Does Not...

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On June 1, 2020, in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, the US Supreme Court ruled, in a...

English Court of Appeal provides much needed clarity on the proper law of an...

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Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two...

New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment...

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For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties ("BITs") concluded between EU member states,...

The Swedish Supreme Court requests a preliminary ruling from the CJEU on the validity...

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The case concerns a damage claim between a Luxembourg company and the Republic of Poland. The arbitral tribunal determined, in one separate and one...

The Dream of a World Free of Pathological Clauses

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It has been 56 years since the article which coined the term “pathological clauses” was published in 1974. Throughout these years, many lectures, journal...

Swiss Federal Supreme Court upholds broad interpretation of objective scope of arbitration agreement

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In its decision dated 6 January 2020, the Swiss Federal Supreme Court (SFSC) decided that an arbitration clause included in an agreement specifically regulating...

No Confirmation of an Award Against Non-Signatory

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Abstract: District court holds non-signatory to three arbitration agreements is not bound to arbitrate because it did not merge with signatories' parent company, but...

Brand new: Baker McKenzie’s Disputes Clause Finder

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  We are pleased to announce the launch of Baker McKenzie's latest legal tech tool, the Disputes Clause Finder. It is now freely available at www.disputesclause.com The...

Singapore International Commercial Court considers first application to set aside an arbitral award

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In BXS v BXT SGHC(I) 10, the Singapore International Commercial Court ("SICC") heard its first application to set aside an arbitral award. The...

Singapore Court determines proper law of arbitration clause

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In its recent decision in BNA v BNB and another SGHC 142, the Singapore High Court had to determine the law governing an...