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Retrospective dispute, prospective test: how is delay assessed by adjudicators, arbitrators and courts?
In Mace Construct Ltd v Baltic Investment Holdings Ltd [2026], the Technology and Construction Court (TCC) addressed how prospective and…
“The Expert will not act as an arbitrator”: determining when an expert oversteps the mark in an Expert Determination
Expert determination clauses commonly state that the expert is not to act as an arbitrator. But when does an expert stray into making a determination…
Supreme Court Simplifies Federal Enforcement of Arbitral Awards
Today, the Supreme Court held that a federal court that has stayed a case to allow for arbitration under the Federal Arbitration Act (FAA) retains…
Ontario Superior Court confirms that indirect losses are recoverable under Article 1116 of NAFTA
On 10 April 2026, the Superior Court of Justice of Ontario set aside an UNCITRAL award in Grace et al v The United Mexican States [2026] ONSC 2104…
Arbitrating shareholders’ disputes and beyond - the Mauritian Supreme Court re-affirms its non-interventionist and pro-arbitration stance
On 08 May 2026, the Mauritian Supreme Court, sitting as the panel of Designated Judges appointed under the International Arbitration Act 2008 (IAA)…
Merger of Cause of Action into a Foreign Arbitral Award: A Case Note on Campos Brothers Farms v. Matru Bhumi Supply Chain Pvt. Limited & Ors.
The judgment in Campos Brothers Farms v. Matru Bhumi Supply Chain Pvt. Limited & Ors. Was delivered by the Delhi High Court ("Court") in…
Whether payment made pursuant to an Arbitral Award followed by a Court Decree be liable to GST ? Analysis of landmark Bombay High Court Judgment
There are moments in tax litigation when the revenue administration machinery seems to lose sight of first principles. The Bombay High Court judgment…
Ontario Court Sets Aside ICSID Award in NAFTA Arbitration: Key Lessons on Jurisdiction and Arbitrator Impartiality
In Grace et al v. The United Mexican States, 2026 ONSC 2104, (Grace), the Ontario Superior Court of Justice (Commercial List) set aside an investment…
Supreme Court encourages mediation following Delhi High Court’s exploration of Kerly impasse in dispute over use versus registration
On 6 February 2026, a Delhi High Court division Bench revisited a longstanding tension in Trademark Law in Thukral Mechanical Works v PM Diesels: the…
Procedural Fairness and Materiality in Arbitral Review: Aroma Franchise Company, Inc v Aroma Espresso Bar Canada Inc
In Aroma Franchise Company, Inc v Aroma Espresso Bar Canada Inc, 2026 ONSC 768 (“Aroma Franchise Company”), the Ontario Superior Court of Justice…
Evolving frameworks: upcoming updates in arbitration rules
The LCIA concludes its consultation on proposed revisions to its Arbitration Rules, while the ICC prepares to introduce new rules. Why should I read…
Delay Claims, CCDC-2 Contracts, and the Limits of Arbitral Appeals: CIMIC Morningstar Investment Ltd v Chandos Construction Ltd
In CIMIC Morningstar Investment Ltd v Chandos Construction Ltd, 2026 BCCA 2 (“CIMIC Morningstar Investment”), the British Columbia Court of Appeal…
Jurisdiction Where the Liability of a Non-Party to Arbitration Remains Unresolved
In Sociedad Concesionaria Metropolitana de Salud SA v Webuild SpA, 2026 ONCA 28, the Court of Appeal for Ontario considered the issue of jurisdiction…
ICC Expedited Procedure Provisions: An Eight-Year Assessment
Since their introduction in 2017, the ICC’s Expedited Procedure Provisions (“EPP”) have been presented by the ICC as a…
安杰世泽国际商事争议解决简报 AnJie Broad International Commercial Dispute Resolution NEWSLETTER January- April 2026 Issue 2026 年 1-4月刊
安杰世泽合伙人荣登2025 年度 LegalOne 实力之星榜单 2025 年 12 月 31 日，知名法律评级机 构LegalOne正式公布了2025年度“实…
Recent Court Decisions in England and Wales Emphasise Importance of Clear Dispute Resolution Clauses
When entering into a contract, parties usually do not intend - or even anticipate - ending up in a dispute with their counterparty. If a dispute does…
Cause for Complaint? First ruling on compliance with Internal Dispute Resolution procedures
The Federal Court has issued the first judgment on a contested civil penalty claim alleging contraventions of the internal dispute resolution (IDR)…
Swiss Federal Supreme Court Decision Highlights Switzerland’s Leading Position as a Global Investment Platform
A recent judgment by the Swiss Federal Supreme Court (2C_58/2025, 22 January 2026) clarifies the relationship between investment treaty arbitration…
Early Neutral Evaluation - the ADR Unicorn?
As injury lawyers, our regular ADR diet consists of Joint Settlement Meetings or Mediations, not so much Early Neutral Evaluation (ENE). It seems…
The UPC's Patent Mediation and Arbitration Centre (PMAC) to commence operation on 2 June 2026: A turning point for patent dispute resolution?
Standfirst: The PMAC's Arbitration, Mediation and Expert Determination Rules have been formally adopted and its inauguration is set for 2 June 2026…
Supreme Court of India clarifies that an order appointing an arbitrator prior to the 2015 amendment operates as res judicata on the existence and validity of the arbitration agreement
The Supreme Court of India (“Supreme Court”), in Eminent Colonizers Private Limited vs. Rajasthan Housing Board and Ors1, set aside orders of the…
Case Brief: Fintree Finance Private Ltd. v. Embifi Global Services Private Limited
The order in Fintree Finance Private Ltd. v. Embifi Global Services Private Limited was passed by the High Court of Judicature at Bombay…
Why the Right Conversation at the Wrong Time Can Derail Mediation
We have seen many mediations in which the right conversation, held at the wrong time, made resolution more difficult rather than easier. We come to…
Commercial Disputes Weekly Issue 284
On a project for the construction of water pipelines under an NEC3 Engineering and Construction Contract, a dispute arose as to whether milestone…
Supreme Court of India holds that a Letter Of Intent is not a concluded contract, and without a specific reference to arbitration clause in tender documents, does not give rise to an arbitration agreement under the Arbitration and Conciliation Act, 1996
The Hon’ble Supreme Court of India (“Supreme Court”) in its judgement of Maharashtra State Electricity Distribution Company Limited and Ors. Vs. R Z…
Scrutiny from regulators outside Japan: Challenges for Japanese companies - Episode 9: ‘Shoganai’ mindset
In Japanese corporate culture, shoganai — the belief that ‘it can’t be helped’ — can reinforce a fatalistic acceptance of problems within the…
The Force Majeure Fallout: Who Pays for the Hedge?
The current conflict involving Iran serves as a stark reminder of how quickly physical trade can grind to a halt. Disruption in the Strait of Hormuz…
20 years in Abu Dhabi | Episode 5 | Arbitration and mediation in a modern disputes landscape
In this next Episode of our Abu Dhabi 20 year anniversary podcast series, we focus on arbitration and mediation, and how both have evolved to become…
What Is an Arbitration Agreement? Definition, Elements & Best Practices
An arbitration agreement is a contractual provision requiring parties to resolve disputes through private arbitration rather than court litigation. A…
Selecting seat, venue and institution in arbitration
The devil is in the details when deciding judicial home and clauses - especially amid convergence of India-Singapore arbitration For in-house counsel…