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The High Court of Australia (HCA) has unanimously dismissed an appeal by the Kingdom of Spain (Spain) in a decision concerning foreign state immunity handed down on 12 April 2023 in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. [2023] HCA 11.[1] The HCA unanimously rejected Spain’s appeal from a decision of the Full Federal Court of Australia (Federal Court)[2] that had determined:[3] that Spain had waived any foreign state immunity from the jurisdiction of…

A. LEGISLATION AND RULES A.1 Legislation International arbitration proceed in Taiwan continues to be governed by the Arbitration Law, to which there have been no legislative amendments in the past year. A.2 Institutions, rules and infrastructure The Chinese Arbitration Association, Taipei (CAA) remains the leading arbitration institution in Taiwan. There has been no amendment to the CAA Arbitration Rules in the last 12 months. In 2022, CAA held several conferences on the topics ranging from…

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Thailand continues to be governed by the Arbitration Act, BE 2545 (2002) of Thailand, with its latest legislative amendment made in 2019 (“Arbitration Act”). A.2 Institutions, rules and infrastructure There is no change in arbitration rules of the leading arbitration institutes in Thailand. B. CASES B.1 Recognition and enforcement of an arbitral award on legal costs Section 46(1) of the Arbitration Act provides: “In the case…

A. LEGISLATION AND RULES A.1 Legislation Enacted in 2004, Republic Act No. (RA) 9285, or the Alternative Dispute Resolution Act (“ADR Act”), continues to be the principal governing arbitration law in the Philippines. It adopted the 1985 version of the UNCITRAL Model Law for international arbitrations seated in the Philippines, and expressly recognized the application of the New York Convention (to which the Philippines acceded in 1967) in the Philippines. The ADR Act has not…