There is extensive commentary on South Africa's evolution into a pro-arbitration jurisdiction. Its courts have long issued strong pro-arbitration judgments under the 1965 Arbitration Act ("Domestic…
Greenwashing has become a key target of regulators and climate activists alike, as they bring claims against companies who now face fines, litigation and potential brand damage for misrepresenting…
The English Arbitration Bill, introduced to UK Parliament in November 2023, aimed to ensure that the Arbitration Act 1996 remained fit for purpose and maintained England's status as a leading…
Intellectual property ("IP") rights are becoming increasingly valuable assets for businesses, especially for sectors like technology and life sciences. These rights can be key to a business' success…
Several recent developments across the EU portend increased availability of third-party funding by parties to EU-seated arbitral proceedings, albeit within a context of regulation of that funding…
Spanish regional High Courts of Justice (Tribunales Superiores de Justicia) have heard applications to annul awards since the 2011 amendment to the Spanish Arbitration Law ("SAL"). The most active…
One of the proposed changes to the English Arbitration Act 1996 (the "Act") introduced in the Arbitration Bill is an express power for tribunals to make an award on a summary basis in relation to any…
The English High Court ("Court") in Hulley Enterprises Limited and others v. Russian Federation [2023] EWHC 2704 (Comm) has recently dismissed a jurisdictional challenge brought by the Russian…
In 2013, Deutsche Telekom AG (“DT”), a German corporation, commenced an UNCITRAL arbitration in Switzerland under the Germany-India BIT claiming that India had (amongst other things) breached the…