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The growing importance of ADR and why more businesses are choosing it over litigation
Over the past decade, and especially in the years leading up to 2025, Australian businesses have increasingly turned to Alternative Dispute…
Judicial Review in Tenders Is Limited to Arbitrariness: Allahabad HC
The Hon’ble High Court of Allahabad, in the case of M/s A.S. Traders v. State of Uttar Pradesh (2025 SCC OnLine All 7194), dated November 4, 2025…
SIAC introduces the new Restructuring and Insolvency Arbitration Protocol
In August 2025, the Singapore International Arbitration Centre (SIAC) launched a Restructuring and Insolvency Arbitration Protocol, designed to…
The 40th Freshfields Arbitration Lecture: Meg Kinnear Reflects on the Legacy of NAFTA Chapter 11
On 12 November 2025, Meg Kinnear, who served as ICSID Secretary-General from 2009 until 2024, delivered the 40th Freshfields Arbitration Lecture in…
Federal Court Considers Power to Review Arbitral Award; Enforcement via Reciprocal Enforcement of Judgments Act 1958 vs Arbitration Act 2005
In ING Bank N.V. & Anor v Tumpuan Megah Development Sdn Bhd [2025] 8 CLJ 873, a recent judgment by Malaysia's highest court, an issue arose vis-a-vis…
Clarification on how a ‘genuine intention to arbitrate’ is demonstrated
In Re Xu Peixin [2025] HKCFI 5846, the court provided a helpful guidance on how a ‘genuine intention to arbitrate’ may be demonstrated under the Re…
International Arbitration: English Commercial Court Refuses to Grant Anti-Suit Injunction to Stop Russian Foreclosure Proceedings
In a judgment handed down on 25 November 2025, the English Commercial Court (the Court) considered an application for an anti-suit injunction (ASI)…
Using mediation to resolve high-conflict family cases
High-conflict family cases can often lead to long, drawn-out, and costly court proceedings. The court has a heavy workload. Proceedings are slow…
Bypassing Arbitration Clauses - To Injunct or To Not Injunct?
To injunct or to not injunct - and if so, where at? That is the question that many face when foreign just and equitable winding-up proceedings have…
Commercial Disputes Weekly - Issue 265
A company in default on a loan has unsuccessfully applied to conduct the sale of a property over which the loan was secured. The mortgagee had…
Germany’s top court clarifies intra‑EU constraints vs extra‑EU stability
On 18 September 2025, Germany’s Federal Constitutional Court (Bundesverfassungsgericht, Constitutional Court published two closely watched decisions…
Threshold for a successful denial of justice claim Defending denial of justice claims: strategies for States Conclusion
This article is part of our mini-series on investment arbitration. Drawing on the experience and expertise of our partners and lawyers in bringing…
English Commercial Court finds that ICSID and ECT awards are not assignable
In Operafund Eco-Invest Sicav Plc & another v The Kingdom of Spain, the Commercial Court confirmed that awards made pursuant to the ICSID Convention…
Current State of US Economic Sanctions Imposed in Response to Russia’s Invasion of Ukraine - December 2, 2025
In its continuing response to Russia’s ongoing invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose…
Overview of Recent Changes in Korean Defense Procurement Dispute Resolution
The National Contract Dispute Mediation System is an alternative dispute resolution mechanism established under Article 29 of the Act on Contracts to…
新仲裁法修订亮点分析
本文章在新《中华人民共和国仲裁法（2025修订）》即将施行的背景下，对本次修订的重点条文进行梳理与实务分析。文章重点解析在线仲…
국방·방산분야 소위원회[국가계약분쟁조정위 산하] 신설에 따라 방위사업계약 관련 분쟁 발생 시 적절한 대응방안 선택이 더욱 중요해졌습니다
국가계약분쟁조정제도는 국가를 당사자로 하는 계약에 관한 법률(이하 ‘국가계약법’) 제29조 등을 근거로 하여 재판절차에 소요되는 시간과 비용을 절감하고 계약당사자 간의 분쟁을…
The Supreme Court of India reiterates that the arbitral awards cannot be revisited through indirect procedural routes
The Supreme Court of India ("Supreme Court") in the case of MMTC Limited vs. Anglo American Metallurgical Coal Private Limited dismissed the…
Second Circuit Undercuts Plaintiffs’ Threats of Mass Arbitration Fees, Often Used In Asserting Privacy Claims
Earlier this fall, the United States Court of Appeals for the Second Circuit undermined a strategy often used by the Plaintiff’s bar in privacy…
Arbitration (Amendment) Bill 2025 supports international investment
On 1 December 2025, the Minister for Foreign Affairs and Trade (the Minister) published the Arbitration (Amendment) Bill 2025 (the Bill) to give…
United States: Employment - 2025 Highlights And 2026 Outlook
Perhaps one of the most significant developments of 2025 was the increasing scrutiny surrounding diversity, equity, and inclusion (“DEI”) initiatives…
Why are there two Hague Conventions dealing with Judgments? Understanding the Relationship Between Hague 2005 and Hague 2019
In the evolving landscape of international dispute resolution, the recognition and enforcement of foreign judgments remains a critical aspect of…
Spotlight on the Governing Law of Arbitration Contracts from England and Wales
This article considers section 6A of the Arbitration Act 2025 (the “AA 2025”) in respect of the governing law of arbitration agreements and the…
The Paris International Arbitration Newsletter - November 2025
On 30 September 2025, the Paris Court of Appeal addressed the limits of legal argumentation during annulment proceedings, specifically ruling on…
Shaping Thailand’s Approach to Third Party Funding: Insights from Japan and China
Third party funding ("TPF") has emerged globally as a transformative mechanism in dispute resolution, allowing claimants to pursue meritorious claims…
Section 9 Petition : Whether Maintainable for Disputes Arising Under a Power Purchase Agreement
Delhi High Court’s recent decision in Renew Wind Energy (AP2) Pvt. Ltd. v. Solar Energy Corporation of India reported at 2025 SCC OnLine Del 8252 is…
Still the standard? How London can keep its disputes crown
Summary London remains a leading global hub for commercial disputes, driven by the strength of English law and its appeal to international litigants…
Ireland's Evolving Disputes Landscape
Gerard Kelly SC, Partner and Co-Head of Dispute Resolution, discusses how Ireland’s disputes landscape is evolving, with more complex matters and…
The new infrastructure of arbitration: How digital arbitration case management redefining the arbitration experience
The arbitration landscape is evolving rapidly, with technological advancement acting as a major catalyst. Users are more digitally fluent than ever…
Part 5 - AI for legal professionals: AI in arbitration
Arbitration is characterised by party autonomy and procedural flexibility, often involving a cross-border dimension. While many AI applications, such…