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The Supreme Court of India clarifies that arbitrator ineligibility cannot be waived by conduct and may be challenged for the first time under Section 34 of the Arbitration and Conciliation Act, 1996
The Supreme Court of India (“Supreme Court”) in Bhadra International (India) Private Limited vs. Airports Authority of India (“Bhadra…
Swiss Supreme Court: sanctions may block arbitral award enforcement
In the recently published Case No. 4A_305/2025, which concerned enforcement proceedings in Switzerland based on two arbitral awards rendered by the…
Delhi High Court clarifies limits of interim relief under Section 17 of the Arbitration and Conciliation Act, 1996
The Delhi High Court (“Delhi HC”) in Khurana Educational Society (Regd.) vs. Smt. Shashi Bala1 examined the scope of appellate interference under…
Bombay High Court upholds sanctity of arbitral award on Fédération Internationale Des Ingénieurs-Conseils frameworks in infrastructure contracts: pre-bid adoption vis-à-vis tender conditions and limits of Section 34 review
The Hon’ble Bombay High Court (“Bombay HC”), in Pratibha Industries Limited (in liquidation) vs. Navi Mumbai Municipal Corporation1, has delivered an…
Supreme Court of India reaffirms that principles of Order 23 Rule 1 of Code of Civil Procedure, 1908 apply to proceedings under Section 11 of the Arbitration and Conciliation Act, 1996
The Hon’ble Supreme Court of India (“Supreme Court”) in the case of Rajiv Gaddh vs. Subodh Prakash1, set aside the order dated November 08, 2024…
The Supreme Court holds that the defence of set off can be raised against a corporate debtor in arbitration proceedings even if the claims stand extinguished upon approval of a resolution plan
The Supreme Court of India (“Supreme Court”) in Ujaas Energy Limited vs. West Bengal Power Development Corporation Limited held that while claims…
Supreme Court of India reiterates that arbitral awards cannot be set aside merely because courts prefer an alternative interpretation
The Supreme Court of India (“Supreme Court”), in the case of Jan De Nul Dredging India Private Limited vs. Tuticorin Port Trust1, reiterated that the…
Refusing to Mediate - Further TCC Guidance on Costs in Professional Negligence Claims
In MJS Projects (March) Limited v RPS Consulting Services Limited [2026] EWHC 884 (TCC)¹, the Technology and Construction Court refused to depart…
Mediating construction disputes
The construction industry is a perfect breeding ground for disputes. Mostly low-margin, highly competitive and involving a number of trades…
Vietnam Legal Update - April 2026 The Latest Trends and Practice Developments in the Enforcement of Foreign Judgments and Arbitral Awards
As the scale of transactions expand and cross-border transactions become more complex, multinational companies entering Vietnam face increasingly…
High Court Refuses to Set Aside Arbitral Awards in US$110 Million Share Purchase Dispute: AT & Anor & QC & Anor [2026] HKCFI 1437
The High Court of Hong Kong dismissed an application by the Plaintiffs (“AT”) to set aside a Partial Award and a Final Award on Costs, reaffirming…
Arbitration Versus Litigation Strategy
A dispute rarely becomes serious all at once. It usually starts with a missed payment, a breached clause, a partner acting without authority, or a…
FamilyMart and Beyond: The Continuing Influence of the Privy Council’s Landmark Decision on Shareholder Litigation
The Privy Council’s decision in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp [2023] UKPC 33 is a landmark ruling that…
Swiss Federal Supreme Court holds Swiss Russia sanctions are overriding mandatory law and can bar enforcement of arbitral awards
In decision 4A_305/2025 of 13 March 2026, the Swiss Federal Supreme Court held that Swiss sanctions against Russia are overriding mandatory law and…
2026 Crypto Disputes Report
The 10 October 2025 crypto price crash, which saw billions of dollars of liquidations, gave rise to new scrutiny as to how crypto platforms resolve…
One at a Time: The Ninth Circuit Rejects the Application of Non-Mutual Offensive Collateral Estoppel for Invalidating Arbitration Agreements
Arbitration doctrine is anchored in the Federal Arbitration Act’s core mandate: arbitration agreements must be enforced according to their terms. At…
The New ICC Arbitration Rules Are Coming - What Are the Key Changes?
The ICC recently announced that its Rules of Arbitration have undergone the most substantial revision since 2012. The new rules will enter into force…
香港高等法院拒绝撤销涉及1.1亿美元股权购买争议的仲裁裁决——评AT & Anor & QC & Anor [2026] HKCFI 1437一案
近日，香港高等法院陈美兰法官就AT & Anor & QC & Anor [2026] HKCFI 1437一案作出裁决，驳回原告人（“AT”）提出撤销仲裁庭所作出的《部分裁决》及《关于讼费的最终裁决》…
Abandonment of Claims in Arbitration
Summary: This blog examines two recent decisions, Rajiv Gaddh v. Subodh Prakash (Supreme Court) (2026 INSC 302) and Nalin Vallabhbhai Patel v…
“Regulatory Unfitness to Trade”: The New Seaworthiness Frontier in Decarbonisation Disputes (Part III - FuelEU Maritime)
As the maritime industry enters the era of mandatory decarbonisation, the traditional legal boundaries of seaworthiness are being reshaped. Building…
FINRA Facts and Trends: April 2026
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a newsletter devoted to condensing and digesting recent FINRA developments in the…
Between Protection and Finality: Mapping the Limits of Sections 9 and 37 of the Arbitration and Conciliation Act, 1996 in JLT Energy 9SAS v. Hindustan Cleanenergy Limited
The judgment in JLT Energy 9SAS v. Hindustan Cleanenergy Limited & Ors. Was delivered by the Hon’ble High Court of Delhi (“Court”) in an…
UAE Insurance Dispute Resolution and Arbitration - An Update
In a previous update, we considered the position of arbitration agreements under the onshore (federal) UAE regime, following the issuing of the 2018…
International Arbitration: English Court of Appeal Upholds Refusal of Anti-Suit Injunction in UniCredit Dispute
In a judgment handed down on 17 April 2026, the English Court of Appeal (CoA) upheld the Commercial Court’s decision to r…
Ein Jahr Commercial Courts - Deutschlands Antwort im Justizwettbewerb
Große Wirtschaftsstreitigkeiten werden in Deutschland seit rund 20 Jahren kaum noch vor staatlichen Gerichten…
Ninth Circuit Rejects Employees’ Use of Offensive Issue Preclusion to Avoid Arbitration
The Ninth Circuit recently addressed a significant question for employers: can employees rely on rulings denying arbitration in other cases to avoid…
Arbitration awards: a rare, successful challenge on the ground of serious irregularity
There is a very high threshold for challenges to arbitration awards on the ground of serious irregularity leading to substantial injustice and as a…
Prominent Arbitration Clause Signage Precludes Parking Lot Class Action
A federal court in Colorado recently confirmed that a conspicuous arbitration clause may preclude a consumer from prosecuting class claims in court…
Mediating the Unmediable in Pakistan: Why US - Iran Negotiations Continue to Defy Resolution
There is a persistent tendency in international affairs to assume that certain conflicts are beyond resolution. The tensions between the United…
From Estimation to Guesstimation: Delhi High Court Sets Aside Arbitral Award on Mesne Profits for Lack of Evidence; Reaffirms Limits of “Guesswork” in Damages
Luthra and Luthra Law Offices India represented M/s GLS Infratech Pvt. Ltd. before the Hon’ble High Court of Delhi in proceedings under Section 37 of…