Arbitration Notes
Tag: jurisdiction
Showing 60 out of 82 results
Exploiting the advantages of an English arbitral seat? Commercial Court confirms the validity of an arbitration agreement and tribunal's substantive jurisdiction whilst parallel proceedings continue in Italy
The English Commercial Court has granted an application under section 32 of the English Arbitration Act 1996 (the Act), determining that a tribunal …
Upcoming webinar: The recast Brussels Regulation: what it means for commercial parties
Wednesday 19 November, at 12.45 – 1.45pm GMT The EU rules governing has jurisdiction and enforcement of judgments will change significantly from 10 …
The Chronicles of Insigma: the Latest Instalment
Alstom v Insigma, the (in)famous SIAC arbitration administered under ICC rules, was recently up for yet another round of judicial sparring following …
Lorand Shipping v Davof Trading (Africa) B.V. (MV "Ocean Glory"): when a "creative solution" on the part of the tribunal becomes a serious irregularity leading to substantial injustice
In a rare example of a successful application under section 68 of the English Arbitration Act 1996 (the "Act"), the English Commercial Court has granted …
Recent Developments in India-related international arbitration
Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. This issue considers some significant decisions …
English High Court: requirement to engage in time limited "friendly discussions" before arbitration is enforceable
In the 1 July 2014 decision in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), Teare J considered whether …
No jurisdiction over BIT claims if investor fails to state a prima facie case
In Achmea BV v The Slovak Republic (PCA Case No. 2013-12), the tribunal considered the respondent’s objection that it lacked jurisdiction on the ground …
Federal Court of Australia dismisses challenge to enforcement of foreign arbitral awards made in London
Armada (Singapore) Pte Ltd (Under Judicial Management) v Gujarat NRE Coke Limited [2014] FCA 636 Justice Foster of the Federal Court of Australia handed …
No consent to ICSID jurisdiction found under Venezuelan Investment Law: distinction drawn between the intention of the drafters and the intentions of the State
In OPIC Karimun Corporation v Venezuela, an ICSID tribunal has held that Venezuela's Investment Law's reference to ICSID did not, without more, provide …
Egypt prevails on "fork-in-the-road" provision
In an unpublished ICSID decision last month (the Decision), reported in Global Arbitration Review and Investment Arbitration Reporter, the Arab Republic …
Indian Supreme Court Gives Further Reassurance on the Limits of its Jurisdiction in Cases of Arbitration Seated Outside India
In a welcome addition to the recent suite of pro-arbitration decisions emanating from India, in the case of Reliance Industries Limited & Anr v Union …
Cukurova v Sonera: Privy Council dismisses backdoor attempt to challenge tribunal's findings at the enforcement stage
In the case of Cukurova Holdings AS v Sonera Holding BV [2014] UKPC 15, the Privy Council considered an appeal from the Court of Appeal of the BVI. The …
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