Arbitration Notes
Tag: jurisdiction
Showing 83 out of 83 results
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 …
Contractual disputes and practical implications arising from sanctions in the aftermath of the Arab Spring
In the aftermath of the Arab Spring and amidst continuing unrest in the region, the Middle East remains at the forefront of the international sanctions …
UK Supreme Court confirms power to issue an anti-suit injunction even when no arbitration is underway or proposed
The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in …
Cert petition in the BG v Argentina case: No support from the US Solicitor General
In the latest development in Argentina’s challenge of the BG Group v Argentina arbitral award, the United States Solicitor General ("SG") has argued that …
English High Court upholds two challenges to jurisdiction
The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack of …
High Court applies Sulamérica test in Arsanovia and gives rise to unexpected results
In December last year, the High Court upheld a challenge under section 67 of the Arbitration Act 1996 (the Act) in Arsanovia Ltd and others v Cruz City 1 …
U&M Mining Zambia Ltd v Konkola Copper Mines plc: Court of the seat does not have exclusive jurisdiction to grant interim measures in support of arbitration
In the recent case of U&M Mining Zambia Ltd v Konkola Copper Mines plc [2013] EWHC 260 (Comm), the court examined the question of whether English …
Herbert Smith Freehills acts for JUSTICE in intervention in Supreme Court case
Herbert Smith Freehills acted for JUSTICE, a UK based law reform and human rights organisation, in relation to its intervention in Susan Smith & …
Ambiente Ufficio S.p.A. and others v Argentine Republic (ICSID Case No ARB/08/9)
In Ambiente Ufficio S.p.A. and others v Argentine Republic, an ICSID tribunal held that it had general jurisdiction over a multi-party claim commenced by …
Singapore Court refuses to entertain a jurisdictional objection to the enforcement of domestic international arbitration awards
The recent case of Astro Nusantara International BV and others v PT Aunda Prima Mitra and others[2012] SGHC 212 is a further decision of the Singapore …
Swiss Court considers whether tribunal retains jurisdiction following annulment of award
Earlier this year, the Swiss court considered, amongst other interesting points, the doctrine of functus officio (namely, the determination of whether a …