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Settling the Waters around modification of arbitral awards: An Analysis
In a seminal decision rendered in April 2025, i.e., Gayatri Balasamy v. ISG Novasoft Technologies Ltd., a five-judge bench of the Hon’ble Surpeme…
Defining the legal contours of arbitral tribunal’s power to implead non-signatories to the arbitration agreement: An Analysis
In a landmark judgement passed by the Hon’ble Supreme Court of India, in the matter of ASF Buildtech Private Limited v. Shapoorji Pallonji and…
「仲裁判断の修正」に関するインド最高裁の判決
インド最高裁判所は、2025年4月30日、仲裁判断の修正に関する重要な判決を下しました。…
Court mandates compulsory mediation despite no contractual obligation to do so
The High Court in England’s recent decision in DKH Retail Ltd v City Football Group Ltd [2024] EWHC 3221 (Ch) suggested a change of attitude towards…
Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA (The Taikoo Brilliance) [2025] EWHC 1878 (Comm)
On 22 July 2025, the Commercial Court (Knowles J) delivered judgment in Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA (The Taikoo…
Dispute boards in construction disputes
In larger construction projects, it is internationally common to establish a dispute board - a special panel that, during the course of the project…
Clarke Energy case confirms tough test to overturn arbitral awards
The judgment in Clarke Energy Pty Ltd v Power Generation Corporation reaffirms the high threshold for setting aside arbitral awards on public policy…
Dispute boards i entreprenadtvister
I större entreprenadprojekt är det internationellt sett vanligt att inrätta en dispute board - en särskild nämnd som under projektets gång löpande ska…
International arbitration in the spotlight: Roadpost Inc v Beam Communications Pty Ltd [2025] FCA 120
A Federal Court decision confirms that international arbitral awards can be enforced not just as judgments, but through specific performance under…
International arbitration case underscores legal risks for energy sector
A recent dispute between Elecnor Australia Pty Ltd and Clough Projects Australia Pty Ltd highlights the enforcement of arbitration clauses in joint…
Dispute Resolution Clauses in Commercial Contracts: Lessons from the Supreme Court’s Ruling in South Delhi Municipal Corporation v. SMS Limited
Dispute resolution clauses in commercial contracts shape how parties address conflicts and the forums available for their resolution. In South Delhi…
The Arbitration Act 2025: What does it mean for insurers?
The Arbitration Act 2025 (the Act) has come into force this month, amending the Arbitration Act 1996, with the aim to modernise the UK’s approach to…
Drafting Broad Arbitration Clauses
In the recent decision Soar.Earth Ltd v. Mahaffie, the U.S. District Court for the District of Colorado addressed what happens when competing forum…
Understanding Section 21 Of The Arbitration And Conciliation Act
Section 21 of the Arbitration and Conciliation Act, 1996, exists at the nucleus of the arbitral process in India, providing the procedural anchor for…
Navigating Turbulent Waters: The Complex and Costly Preparation of Costs and Case Management Conferences before Trial
Parties have been reminded that they are under an obligation to actively explore alternative dispute resolution (James Churchill v Merthyr Tydfil…
Lessons from a royalty dispute in the oil and gas sector
The recent decision in Oil Basins Limited v Esso Australia Resources Pty Ltd [2025] VSC 34 is a reminder of the Australian court’s pro-arbitration…
AI and international arbitration - watching brief #1: the current landscape
Generative AI is transforming industries at an unprecedented pace, and international arbitration is no exception. At Freshfields, we believe that…
The Arbitration Act 2025 is now in force. What does it mean for London-seated arbitrations?
The Act has been making it’s way through Parliament since the Law Commission published its final report in September 2023…
Hong Kong court clarifies effect of settlement agreements disapplying dispute resolution clauses of original contract
In the recent decision of Kat Yue Construction Engineering Limited v. Fai Lee Construction (H.K.) Limited [2025] HKCFI 3298, the Hong Kong Court of…
Challenges based on the misuse of tribunal secretaries
International arbitration partner Lucy Winnington-Ingram explores the increasingly significant role of tribunal secretaries in international…
AI and Arbitration: How to agree sensible uses of AI tools within the arbitration
Part of the appeal of arbitration as a dispute resolution procedure is that parties have a degree of flexibility over the proceedings. They can choose…
New UK Arbitration Act 2025 in Force: What You Need to Know
On August 1, 2025, the United Kingdom’s Arbitration Act 2025 (the “2025 Act”) came into force. The 2025 Act reflects a comprehensive review of the…
AI and international arbitration: Views on acceptable and unacceptable uses
As AI tools have become more sophisticated, and more prominent in many areas of life, the legal profession continues to wrestle with the way in which…
Draft Arbitration Rules of PMAC - Part 4: Evidence and Document Production
On 4 June 2025, the Patent Mediation and Arbitration Centre of the Unified Patent Court (Centre) launched a public consultation to gather feedback on…
Section 34 Demystified: Judicial trends in modifying Arbitral Awards post Gayatri Balasamy
This article distils Hon'ble Supreme Court of India's landmark judgment in Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited[2]…
Argentina: Changes in the National Consumer Arbitration System
Provision 892/2025 (“Provision”), issued by the Ministry of Economy’s Undersecretariat for Consumer Protection and Fair Trade…
Supreme Court: You cannot change your stance midway - Estoppel by Conduct reinforced
The Supreme Court in the judgment of Sanjit Singh Salwan & Ors. V. Sardar Inderjit Singh Salwan & Ors., decided on 14th August 2025, reported in 2025…
Fourth Circuit rules law firm and debt collector waived arbitration rights by filing collection actions in state court
A Fourth Circuit panel affirmed the denial of a motion to compel arbitration, finding that the law firm and debt collector who sought to compel…
회사가 임의로 임원퇴직금지급규정을 제정하였거나 일부 이에 부응하는 듯한 사실관계가 있더라도, 그 사정만으로 곧바로 임원에 대한 퇴직금 지급 의무가 발생하는 것은 아니라고 본 사례
피고는 의약품 제조업 및 판매업을 영위하고 있는 제약회사이고, 원고는 피고 회사에서 약 23년간 근무하다가 퇴직한 전임 대표이사입니다…
Switzerland steps up: International commercial courts will strengthen Switzerland as hub for the resolution of international commercial disputes
Switzerland has long enjoyed its strong reputation as a neutral and reliable forum/seat for the resolution of international disputes, particularly in…