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Look Before You Leap! - The Importance of Properly Structuring International Investments in the Mining Sector
Investments in the mining sector are commonly subject to strict regulation across the globe and face unique regulatory, environmental and…
The AAA Updates its Mass Arbitration Rules
The American Arbitration Association (AAA) recently published new amendments to its Mass Arbitration Supplementary Rules (Mass Arbitration Rules)…
Remittance reconsidered - Hong Kong court grants leave to appeal on illegality defence decision
A Hong Kong court has granted leave to appeal against a decision in which an arbitral award was sent back to the arbitrator for reconsideration on the…
The 9th Civil Chamber of the Court of Cassation Ruled that It is Not Mandatory to Apply to Mediation for the Second Time in a Case Where the Subject of the Dispute is the Same
In the decision of the 9th Civil Chamber of the Court of Cassation (the “Court of Cassation”) dated 20 November 2023 and numbered 2023/17941 M…
ICSID Updates Guidance on Annulment of Investment Arbitration Awards
On 11 March 2024, the World Bank's International Center for Settlement of Investment Disputes ("ICSID") released the third edition of its Background…
Top 5 Cases of 2023: Adjudication
In 2023, adjudication remained a popular process for resolving disputes within the construction industry. Some of these disputes ultimately required…
The Pros and Cons of virtual hearings in international arbitration
Virtual hearings have become a “must” in international arbitration. Prior to the Covid-19 pandemic, very few arbitration practitioners could say that…
Honduras ICSID Denunciation and Implications for Foreign Investors
The International Centre for Settlement of Investment Disputes ("ICSID") has announced that the World Bank received a written notice of denunciation…
Bridging the Gap: DIS introduces Supplementary Rules for Third-Party Notices in Arbitration
The German Arbitration Institute (DIS) is the first arbitration institute that introduces supplementary rules for third-party notices. These DIS-TPNR…
Update on the Growth Opportunities Act: Federal Parliament Approves Compromise of the Mediation Committee
As part of the legislative process, the Federal Council (Bundesrat) convened the Mediation Committee at the end of November 2023…
Russia: Investment Protection and Arbitration | Part 1
In its recent business advisory, dated 23 February 2024, the United States (“US”) Government warns businesses and individuals of serious legal…
IBA publishes updated guidelines on conflicts of interest in arbitration
The International Bar Association (IBA) has released updated guidelines on Conflicts on Interest in International Arbitration. The Guidelines are a…
A guide to dispute resolution under FIDIC
International construction and infrastructure projects are, by nature, often highly complex and technical, involving multi-tiered stakeholders and…
Drafting the “perfect” arbitration agreement
While reasonable minds differ on what constitutes a “perfect” arbitration clause, a well-drafted arbitration clause consistent with best practice is…
Spotlight on … Independent arbitrator and Tommy Thomas law firm co-founder Sitpah Selvaratnam
Distinguished Malaysian lawyer and full-time international arbitrator Sitpah Selvaratnam is our guest for this Episode of ‘Spotlight on…’ Host Gautam…
AI and Arbitration: Opportunities, Risks & the Way Forward from an Australian Perspective
Arbitration is an effective way of resolving disputes between international commercial parties. In Australia, international arbitration is regulated…
BANI Arbitration in the construction and infrastructure sectors in Indonesia - some key features and lessons learnt
The Badan Arbitrase Nasional Indonesia (BANI), established in 1977, is one of Indonesia’s leading arbitral institutions. While the Indonesian Courts…
Update Wachstumschancengesetz: Bundestag stimmt “unechtem” Kompromiss des Vermittlungsausschusses zu
Daher wurden einige Regelungen, die zunächst im Wachstumschancengesetz vorgesehen waren (u.a. Die Verschärfung der Regelungen zur Zinsschranke)…
Circuit Split: Is the New York Convention Enforceable in the United States
There is an ongoing debate in the United States over the enforceability of the New York Convention for Foreign Arbitral Awards. Despite U.S. support…
Vietnamese Court's Ruling on Arbitration Award Alnument Due to Legalization Issues: A Case Study
In a recent development, Hanoi People's Court, on December 16, 2022, issued a groundbreaking decision addressing a request to annul an…
Judge sets aside a £74m arbitration award, finding that the award was fabricated
In what has been described a "quite possibly unique" set of circumstances, the High Court has set aside a purported £74 million arbitration award…
FMC Dispute Resolution: A Guide for Using CADRS to Resolve Ocean Carriage Disputes
Many shippers and service providers are looking toward the upcoming ocean carrier bid season while still reeling from the effects of the global…
Arbitrator Awards Company $155M for Competitor’s Use of Its Confidential Information
An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac)…
Enforceable Terms and Arbitration Provisions Important for Providers in Current Crypto Cyberthreat Environment
According to a recent Bloomberg Law article [subscription required], in the past year there has been a sharp decline in active civil suits against…
The New Arbitration Rules of the Netherlands Arbitration Institute
On 15 February 2024, the Netherlands Arbitration Institute (NAI) published their new Arbitration Rules (2024 Rules), which came into force on 1 March…
Hong Kong court warns against meritless applications to set aside awards
The Applicant and the First Respondent were the shareholders of a company, SIL. In 2014, the Applicant, the First Respondent and the Second…
Technology in Class Actions in Scotland
We recently looked at what those involved in arbitration and other forms of dispute resolution want from technology. But where can technology provide…
Navigating Shareholder and Director Disputes: Resolution Strategies
A breakdown in the relationship between directors and shareholders can cause significant challenges for a company. When tensions escalate between…
ADIAC Arbitration Rules 2024: Abu Dhabi's challenge to Dubai's DIAC
Following the Abu Dhabi Chamber of Commerce and Industry’s (Chamber) announcement launching the new Abu Dhabi International Arbitration Centre…
In the absence of contrary indications, ‘venue’ is ‘seat’: Delhi High Court reiterates
In the recent decision of Axalta Coating Systems v. Madhuban Motors, the Hon'ble High Court of Delhi ("Delhi HC") while allowing a petition under…