214 results found

International arbitration in China holds many of the same general advantages as international arbitration, making it more attractive than litigation.

In the extractive industries, production-sharing agreement (PSA) arbitration plays a central role in resolving disputes arising from long-term cooperation between foreign investors and host states in the oil and gas sector.

The French Court of Cassation has established a critical limitation on enforcing arbitral awards against State-linked entities when EU financial stability objectives are at stake. In a landmark ruling involving Greece's asset management vehicle HCAP, the Court held that while creditors may generally pursue assets of State emanations, this doctrine must yield when enforcement would undermine EU-mandated restructuring and stabilization programs. This decision fundamentally reshapes enforcement strategy for ar

International arbitration, being a private, informal, and non-judicial dispute resolution mechanism, is the preferred method for resolving cross-border disputes.

This note looks into the reality of intra-EU investment arbitration after the judgment of the Court of Justice of the European Union in Achmea.

Courts across major jurisdictions consistently reject attempts to circumvent arbitration agreements by adding non-signatory defendants to litigation. While approaches differ—from the U.S.'s flexible equitable...

Sharia law shapes the legal frameworks in the Middle East. Traditionally, it was the primary uncodified source of law in the region. However, throughout the 20th century, many Middle Eastern countries developed...

When negotiating contracts, especially those involving cross-border transactions, determining the method for resolving future disputes is critical.

A U.S. District Court denied enforcement of arbitral awards against Precisely Software after finding that defective notice violated due process requirements under the New York Convention. The decision examines when failed delivery attempts require additional reasonable efforts to notify the opposing party before proceeding with arbitration in their absence.

Globalisation led the world to make international transactions and cross-border loan agreements. Any breach could not be resolved solely locally.

International arbitration plays a significant role in the resolution of cross-border disputes involving the Republic of Guinea, particularly in sectors such as mining and energy, which are vital to the nation's economy.

International arbitration is often chosen because it offers parties a final and enforceable decision.[1] In most cases, that finality is one of its greatest advantages.

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.

A Russian court refused to recognize and enforce two LCIA arbitration awards totaling over EUR 247 million against RUSAL and RTI Limited, finding that enforcement would violate Russian public order due to sanctions-related...

Factual evidence plays the key role in international arbitration, as in all dispute resolution. It is generally accepted that a claim or defence of a party needs to be supported by evidence.

Arbitration in Bosnia and Herzegovina presents a complex landscape influenced by the country's unique legal structure and historical context.

In March 2021, the Law Commission was tasked by the Ministry of Justice to determine whether any amendments were needed to the 1996 English Arbitration Act ...

Cartels disrupt market integrity and harm economic players.