This article discusses the approach taken by the High Court of Fiji (“Court”) on the oft written about topic of whether failure to adhere to a multi-tiered dispute resolution clause is an issue of…
The year 2022 seems to have passed in a flash, but not without bringing some exciting developments for the arbitration scene in Southeast Asia. From the Southeast Asia editorial team, here are some…
The differences between admissibility and jurisdiction in arbitration have been recognized in various jurisdictions, such as the UK, US and Singapore, and they have been covered extensively in…
Following a fruitful 2020, 2021 also brought some noteworthy developments in France, that this post proposes to review on a general level. Overall, the Paris Court of Appeal (“the Court”) seems to…
The distinction between jurisdiction and admissibility (the “Distinction”) has important consequences in international arbitration. Chief among these is the determination of the permissible extent of…
Arbitration agreements often provide that certain procedural steps must be undertaken before arbitration is commenced, such as mediation or negotiation. This provides a ‘cooling-off period’ in which…
A common issue in commercial contracts across a range of industries is whether a claimant's failure to comply with the provisions of a dispute resolution clause gives rise to an issue of…
The Achmea saga has taken yet another twist. In a recent communication to the Dutch Parliament, the Dutch Ministry of Economic Affairs and Climate disclosed that it initiated “anti-arbitration”…
An emerging consideration in international arbitration is the use of evidence acquired illegally. Illegally obtained evidence can take a variety of forms, including, for example, illicit recordings,…
