The Competence-Competence Principle is a fundamental principle of international arbitration. It is recognized in article 8 of Brazilian Arbitration Law. However, in Companhia de Geração Térmica de…
As leading jurisdictions around the world continue to establish national courts dedicated to the oversight of international arbitration issues, one wonders whether this is an idea whose time has come…
and Luis Miguel Velarde Saffer
Last December, the U.S. Supreme Court heard oral argument on BG Group v Argentina – an appeal from a controversial and much-criticized decision of the D.C. Circuit…
A number of decisions of various national courts have dealt with the issue whether a competition law dispute may be referred to arbitration. Although the case law tends to favour a positive answer,…
In the recent decision of the Tel-Aviv District Court in S. Elia Holdings Ltd. and Arie Shasha v. Ron Itzhaky, the plaintiffs were effectively estopped from bringing claims against a non-signatory…
By Justin D’Agostino and Yi-Shun Teoh
In the latest instalment of Pacific China Holdings Ltd (in Liquidation) v Grand Pacific Holdings Ltd, the Hong Kong Court of Final Appeal has confirmed that…
and Anna Tkachova, Asters
Court practice shows that sometimes while considering applications on recognition and enforcement of foreign arbitration awards, Ukrainian courts apply Ukrainian legislation…
and Ievgen Boiarskyi, Junior Associate at AstapovLawyers
It is widely accepted that successful outcome of international commercial arbitration proceedings often depends on timely obtained provisional…
[Written with the assistance of Nina Tandon and Andrew Behrman of Hogan Lovells US LLP]
A recent ruling from a U.S. federal district court has highlighted an emerging doctrine in United States courts…
