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Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more
In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more
The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more
In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more
Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in...more
Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for...more
On May 9, a company incorporated in the Netherlands, CW Travel Holdings NV, succeeded in the Constitutional Court of Ecuador, arguing that lower courts in Ecuador violated Ecuador's constitution by refusing to consider CW...more
In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an arbitration award, reiterating...more
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
DIFC Court of Appeal Confirms Enforceability of Arbitral Awards Granting Interim Relief issued in Non DIFC-Seated Arbitrations - The Dubai International Financial Centre’s (DIFC) Court of Appeal has recently confirmed, in CA...more
The Fourth Circuit Court of Appeals recently held that a district court lacked jurisdiction to confirm an arbitration award because the court did not have an independent basis for jurisdiction on the face of the application...more
Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more
The Ninth Circuit’s February 6, 2024, decision denying rehearing en banc of Devas v. Antrix and upholding its earlier ruling to overturn the enforcement of a $1.3 billion arbitration award diverges significantly from the...more
In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss selecting a seat for international arbitration proceedings, the current regulatory...more
In this review, we reflect on significant developments in the field of arbitration in Hong Kong over the past year. Key developments in 2023 included: 1. Multi-tiered dispute resolution clause – compliance with...more
In Noble Prestige Ltd. v. Galle, the Eleventh Circuit Court of Appeals considered whether the trial court properly granted a preliminary injunction barring the defendants from dispersing assets during the pendency of the...more
Since 2017, Japan has been actively working to promote international arbitration. The updates to the Arbitration Act of Japan should help boost the country’s popularity as an arbitration seat....more
On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more
In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more
On 24 August 2023, the Gauteng Division of the High Court dismissed an application for leave to appeal a court order recognising and enforcing a foreign arbitral award under South Africa's International Arbitration Act 15 of...more
On 6 September 2023, the Law Commission of England and Wales published its final report recommending some limited reforms to the Arbitration Act 1996 (“the Arbitration Act”).1 This final report follows a lengthy review...more
As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The...more
If an online business thinks it is insulated from court proceedings by an arbitration clause in standard terms, the English Commercial Court decision in Payward Inc. v Chechetkin will give pause for thought, particularly...more
In Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV, a panel of judges on the U.S. Court of Appeals for the Tenth Circuitrecently held in a 2-1 decision that the U.S. District Court for the...more
The Law Commission has published a second consultation paper as part of its ongoing review of the Arbitration Act 1996. An initial consultation paper containing proposals for reform was published in September 2022....more