In a recent decision, the European Commission ("EC") concluded that any payment by Spain on the basis of the arbitration award rendered in 2018 and established under the auspices of the International…
The Achmea judgment of the Court of Justice of the EU (“CJEU”) declaring intra-EU investment arbitration contrary to EU law has been hotly debated (see previous KAB posts here), but ever since, the…
The high costs of international arbitration create a playing field where financial strength often determines the outcome rather than legal merit. For claimants facing well-funded corporations or…
Enforcing arbitral awards has been a recurring topic throughout the London International Disputes Week (“LIDW”) events. Just when the enforcement regime appears to be stabilizing, new challenges…
To enforce arbitral awards against recalcitrant sovereign debtors, creditors have occasionally resorted to searching for assets embezzled from sovereigns and seeking to attach them. But two recent…
On March 18, 2025, the Office of the Paraguayan Presidency’s Legal Counsel submitted to the Paraguayan Arbitration and Mediation Center (the “Center”) its draft to modernize Law No. 1879/2002, the…
On 3 January 2025, the Constitutional Court of Indonesia (“Constitutional Court”) issued Decision No. 100/PUU-XXII/2024 ("Decision 100") which declared certain wording in Law No. 30 of 1999…
In February 2025, the Court of Appeal of England & Wales unanimously dismissed Russia’s appeal against the English High Court’s decision that issue estoppel applies to its determination of the…
In January 2025, a Full Court of the Federal Court of Australia (“Full Court”) upheld a claim by the Republic of India (“India”) to foreign state immunity from proceedings brought by various…
