As the world races toward a greener future, demand for critical materials is surging. In this high-stakes hunt for resources, the deep seabed beyond national jurisdiction (the “Area”) is increasingly…
Dealing with parallel arbitrations can be very difficult, as it is caught between two conflicting constraints: on the one hand, the need to avoid any denial of justice and, on the other hand, the…
As part of Paris Arbitration Week 2025, ESSEC Business School hosted a roundtable discussion on “The Growing Influence of Criminal Law in International Arbitration.” The event was chaired by Veronika…
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…
The Antrix-Devas saga continues to present twists and turns (see previous coverage on the Blog here, here and here). The latest is the recent decision of the Full Court of the Federal Court of…
Investment tribunals are well-known to examine the abuse of rights doctrine in various contexts, including illegitimate corporate restructuring (Phillip Morris v Australia, para. 588; Lao Holdings v…
Continuing with the trend of previous years, 2024 saw continued development throughout the region. In Australia, we saw an influx of meaningful, pro-arbitration court decisions, in the Pacific…
2024 witnessed significant developments concerning the Energy Charter Treaty (“ECT”), ranging from a new wave of withdrawals to the adoption of the modernised ECT in December. This post reviews the…
This post is concerned with the potential comparison between the fair and equitable ("FET") standard and the rule against abuse of rights (“AR”), as regulated under municipal private law systems …
