Arbitration Notes
Tag: jurisdiction
Showing 72 out of 82 results
ICJ orders provisional measures in proceedings between East Timor and Australia
The International Court of Justice (ICJ) has handed down its decision in respect of provisional measures sought by East Timor in a pending case before …
The US Supreme Court decides BG v Argentina - right place, wrong road?
In a 7-2 majority decision on 5 March 2014, the United States Supreme Court has reinstated BG Group (BG)'s US$185 million arbitral award against …
Indian Supreme Court upholds 'unworkable' arbitration clause while ensuring that supervisory jurisdiction over the arbitration only lies with the Indian Courts
Adding to the welcome suite of recent pro-arbitration decisions from the Indian judiciary, the Indian Supreme Court in Enercon (India) Ltd and Ors v …
ECHR reaffirms State immunity from civil proceedings for acts of torture in Jones v United Kingdom
In the recent case of Jones and others v United Kingdom, the European Court of Human Rights (the Court) found that the United Kingdom had not breached …
ICJ hears submissions from East Timor and Australia on provisional measures in pending case relating to seizure of documents from office of Australian lawyer
The International Court of Justice (ICJ) has heard submissions from Australia and East Timor on provisional measures sought by East Timor in proceedings …
Commercial Court reaffirms the importance of Sulamérica in determining the law of the arbitration agreement in circumstances where choice of seat was agreed without actual authority
In the recent decision of Habas Sinai Ve Tibbi Gazlar Istihsal Andustrisi AS and VSC Steel Company Ltd [2013] EWHC 4071 (Comm), the English Commercial …
Res judicata effect of a prior arbitration is to be determined by arbitrators, not the courts – the Belco Rule can be hard to swallow
In Citigroup, Inc. v Abu Dhabi Investment Authority 13 Civ. 6073 (PKC), the United States District Court for the Southern District of New York (SDNY) …
Dawn of a new era for investment protection in South Africa - draft investment law to replace protections offered under investment treaties published for public comment
On 1 November 2013, the South African Department of Trade and Industry (DTI) has released its new "Promotion and Protection of Investment" bill (PPI …
English High Court considers: arbitability of civil claims with a criminal aspect; its discretion to enforce awards under s66 of the Arbitration Act 1996; and the scope of the arbitration exception to immunity under s9 of the State Immunity Act 1978
In The London Steam-Ship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain and the French State [2013] EWHC 3188 (Comm), the High Court had …
Astro v Lippo: the next chapter – Singapore Court of Appeal rejects enforcement of awards against non-signatories to the arbitration agreement
The long-running dispute between Astro, a Malaysian media giant, and Lippo, an Indonesian conglomerate, has reached the end of the latest heavily …
Herbert Smith Freehills contributes to Transnational Dispute Management's (TDM) 10th Aniversary Issue
September saw the release of TDM Journal's special aniversary issue: Ten Years of TDM. The TDM Journal is a comprehensive and innovative …
Don't count your chickens: tribunal refuses jurisdiction in final stages of UNCITRAL arbitration
In Ruby Roz Agricol and Kaseem Omar v Kazakhstan, UNCITRAL (Award on Jurisdiction) (1 August 2013), Ruby Roz Agricol LLP (Ruby Roz), a Kazakh company in …
Showing 72 out of 82 results
View more