Arbitration And Business Decision (Video)

Matheson's ESG & Sustainability Group has published a comprehensive practice note on LexisNexis examining the civil litigation risks associated with environmental, social, and governance matters from an Irish legal perspective. The guide offers practical insights for understanding and navigating ESG-related litigation exposure in Ireland's evolving regulatory landscape.

The High Court has granted a Norwich Pharmacal order, directing RTÉ (Ireland’s national public broadcaster) to disclose unedited footage captured as part of an undercover investigation into alleged failures of care at two Irish nursing homes.

The Irish High Court has ruled for the first time that it has inherent jurisdiction to order parties in non-personal injury civil disputes to engage in mediation, even against their wishes. This landmark decision examines whether mandatory mediation breaches constitutional rights of access to courts, what factors courts should consider when exercising this discretion, and how this power aligns with Ireland's Mediation Act 2017 framework that emphasizes voluntary participation.

Ireland's Supreme Court has established a significantly higher threshold for obtaining interim stays on regulatory decisions that affect broad public interests. Companies challenging decisions by bodies like the Data Protection Commission must now demonstrate a "strong case" likely to succeed at trial, rather than merely an "arguable case," before courts will even consider granting temporary relief.

The Irish High Court has ruled on whether a foreign judgment creditor can invoke Irish courts to recognize and enforce an overseas judgment, examining whether rights under aircraft leasing arrangements—including maintenance reserve reimbursement rights, lease deposits, and interests in Irish aviation structures—constitute assets for jurisdictional purposes.

Dillon Eustace offers comprehensive commercial litigation services, handling complex business disputes through their specialized litigation and dispute resolution practice. Their expertise spans a wide range of commercial conflicts, providing strategic legal representation for businesses navigating contentious matters.

The Irish High Court has ruled that shareholders no longer have an automatic right to access a company's privileged legal advice, abolishing the shareholder rule that previously allowed such disclosure. This landmark decision aligns Irish law with recent developments in England, Wales, and Bermuda, fundamentally reshaping the relationship between corporate privilege and shareholder information rights.

The Irish High Court has expanded the scope of Norwich Pharmacal Orders beyond traditional litigation contexts, ruling that RTÉ must disclose unedited undercover footage from nursing homes to support a regulatory investigation. This landmark decision addresses critical questions about when courts can compel third parties to provide information, the boundaries of journalistic material disclosure, and how privacy rights balance against urgent public interest in regulatory enforcement.

The Irish High Court has signalled that incumbent tenderers who benefit financially from automatic contract suspensions may face scrutiny if they refuse to offer undertakings covering losses to winning bidders. In a €51.2 million parking enforcement framework case, the Court lifted the suspension after the losing incumbent declined to compensate the successful tenderer for costs of securing a time-sensitive resource underpinning its bid.

Mr. Justice Sheehan in Cork Circuit court on the 24 July 2026 dismissed the claim, the Plaintiff had pleaded that he had been thrown off his bicycle by a lump of tarmacadam deposited on the roadway by Cork County Council

The DIFC Court of Appeal has set aside a EUR 1 million arbitration award after finding that the tribunal decided the case on a theory raised only in post-hearing submissions, denying the losing party a fair opportunity to respond. This landmark ruling examines the boundaries between arbitral flexibility and procedural fairness, establishing when late-emerging legal theories cross the line from permissible argument to trial by surprise.

An ICSID tribunal found Mexico breached NAFTA's fair and equitable treatment standard through arbitrary conduct in environmental zoning and enforcement proceedings, yet awarded compensation only for proven quarrying losses while rejecting damages claims where the investor failed to establish that lawful regulatory processes would have permitted the proposed activities.

Artificial intelligence is increasingly being used in international arbitration for legal research, document review, and drafting. However, its use becomes difficult to assess when an arbitrator turns to AI not merely to process information, but to obtain a view on a legal issue that the tribunal must decide. This article examines emerging guidance on whether arbitrators can ask AI for its opinion on legal questions and explores the boundaries between AI as a research tool and AI as a decision-maker.

Security for costs has become an increasingly important procedural issue in investment arbitration. A respondent State may spend millions defending a treaty claim and, even after prevailing and obtaining a costs award, remain exposed to non-recovery where the claimant is insolvent or has few assets against which the award can be enforced. Security for costs is designed to mitigate that risk before a final costs award is rendered.

The 2025 SIAC Arbitration Rules introduce significant procedural innovations including Streamlined and Expedited Procedures, Preliminary Determination mechanisms, and enhanced Emergency Arbitrator frameworks. Understanding how these rules operate in practice—from initial filing through tribunal constitution, evidence presentation, and final award—is essential for parties navigating SIAC arbitration effectively.

This comprehensive guide examines the procedural framework of LCIA arbitration from commencement through enforcement, analyzing strategic decisions at each stage including tribunal formation, document production, interim relief mechanisms, and cost allocation.

The EU AI Act introduces a risk-based regulatory framework for artificial intelligence systems, with particular implications for arbitration proceedings. Sixteen leading arbitral institutions have jointly challenged the European Commission's draft guidelines, arguing that regulatory obligations risk being imposed on the wrong actors in the arbitral process.

The Italian Supreme Court of Cassation has ruled for the first time that Italian companies may validly include foreign-seated arbitration clauses in their articles of association for corporate disputes.

When an arbitration award debtor allegedly restructures assets through foreign corporate entities to avoid payment, can English courts assert jurisdiction over those transfers?

The debate over replacing investor-State arbitration with a permanent standing investment court has moved from theory to practice, with UNCITRAL Working Group III now considering detailed draft statutes. While proponents argue that a permanent bench would reduce repeat-player incentives and improve consistency, critics warn that concentrating appointment power in States' hands, eliminating party participation in tribunal selection, and creating hierarchical appellate structures may introduce new problems of