Domestic Courts

Prior to 2012, India faced widespread criticism from the international arbitral community over a series of judgments concerning arbitration. Much has changed since 2012 – in the post-Bharat Aluminium…

The Sixth Circuit Court of Appeals recently ordered a fund management committee (‘SBC’) to arbitrate its dispute with Navistar International (‘Navistar’) – at Navistar’s request - despite the fact…

Arbitrating in the Gulf  The oil and gas sector constitutes one of the most important and competitive market in Gulf countries and despite the recent slide in oil prices, the majority of the Gulf…

The question of what constitutes an “arbitration” is unlikely to be one that arbitral practitioners have cause to ponder on a daily basis. In fact, such a question might appear at first to be purely…

The Pechstein decision of the Munich Court of Appeals (Oberlandesgericht) of January 15, 2015 has made headlines (see here and here). The Munich court refused to recognise an arbitral award of the…

International arbitration must of necessity rely on the courts to uphold and enforce arbitral awards and to support the arbitral process. In words of Professor Jan Paulsson, "the great paradox of…

In April 2014, Tiulei Hagalil and Klal Teufa, two Israeli companies providing tourism and flight services, commenced an action against Royal Jordanian Airlines and two other respondents in the…

The pronouncements of the highest-ranking court are key indicators of a legal system’s stance vis-à-vis arbitration and other private means of dispute resolution. Over the past decade, the Supreme…

The Bombay High Court recently upheld an Order passed by the Company Law Board (CLB) refusing to refer disputes, arising from a shareholders agreement, to arbitration. The proceedings before the CLB…