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Foreign Arbitration Clauses Jurisdiction

Jones Day

Indian Supreme Court Sets Aside Arbitral Award for "Grave Miscarriage of Justice"

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The Indian Supreme Court invokes curative jurisdiction to set aside US$960 million award to avoid a "grave miscarriage of justice," seven years after the award creditor received a favorable award in India and three years...more

Walkers

Cayman Court of Appeal confirms jurisdiction to grant injunctions in support of foreign-seated arbitration

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On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges. This is...more

A&O Shearman

Hong Kong and Singapore Expand Arbitration Funding Options

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Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, have both implemented reforms enabling parties to enter into outcome related fee structures (ORFSs) with their lawyers for arbitrations...more

Shutts & Bowen LLP

Russian law says “no” to foreign arbitration proceedings against sanctioned Russian individuals and companies

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On June 8, 2020, Russia enacted Federal Law No. 171-FZ1 (the “Law on Protection from Sanctions”). Under this new statute, a person or entity that is the subject of Russian sanctions can apply to a Russian court for an...more

King & Spalding

US Supreme Court Rules Section 1782 Discovery is Unavailable for Use in Private Foreign Commercial Arbitrations and Certain...

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On June 13, 2022, in a unanimous consolidated decision authored by Justice Amy Coney Barrett, the U.S. Supreme Court ruled that the scope of 28 U.S.C. § 1782(a) (Section 1782), which authorizes federal courts to order...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Akin Gump Strauss Hauer & Feld LLP

Anti-Arbitration Injunctions: The Implications of Sabbagh vs Khoury

In Sabbagh v. Khoury [2019] EWCA Civ. 1219, the English Court of Appeal has held that English courts have the power, in “exceptional cases”, to grant anti-arbitration injunctions to restrain an arbitration seated abroad—even...more

K&L Gates LLP

Arbitration World

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FROM THE EDITORS: Welcome to the 36th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration...more

Jones Day

Proposed Amendments to India's Arbitration Act

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The Government of India has announced possible amendments to the Indian Arbitration and Conciliation Act 1996 ("Act"). On 7 March 2018, the Cabinet of Ministers approved the Arbitration and Conciliation (Amendment) Bill 2018...more

Mintz - Arbitration, Mediation, ADR...

“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign Arbitration Award

The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The latest addition is the decision in BSH Hausgerate GmbH v. Kamhi, 17 Civ. 5776,...more

Hogan Lovells

A closer look at the Judicial Tribunal and its Key Decisions of 2017

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Since this landmark decision, a number of decisions were made by the JT in 2017 and a definite jurisprudence has emerged. • the JT's decisions giving guidance as to what is a "conflict of jurisdiction";...more

K&L Gates LLP

Arbitration World

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Welcome to this 34th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Morgan Lewis

An Introductory Guide to Arbitration in Asia

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International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

BakerHostetler

In re Application of Owl Shipping: Does § 1782 permit discovery to aid foreign arbitral proceedings?

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The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings...more

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