Public Policy

124 articles available

The ADR in Asia Conference is the HKIAC's flagship arbitration conference during Hong Kong Arbitration Week. This year, the keynote was delivered by the Honourable Madam Justice Mimmie Chan, who has…

On 31 March 2025, the Supreme Court of Queensland (the “Court”) in Clarke Energy (Australia) Pty Ltd v Power Generation Corporation (Trading as Territory Generation) [2025] QSC 64 (the “Primary…

The unappealable finality of arbitral awards underpins its widespread acceptance as a dispute resolution mechanism, yet courts retain a narrow gatekeeping role to prevent outcomes that violate…

Pakistani Courts typically employ an expansive interpretation of the term ‘public policy’ when determining arbitrability of an international dispute or the enforcement of foreign arbitral awards. As…

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…

On October 18, 2024, the Santiago Court of Appeals rejected a petition seeking the annulment of an international arbitration award, once again providing strong arguments in favor of the validity of…

On 26 July 2024, the Russian Supreme Court issued a landmark ruling (the “Ruling”) outlining a novel stance on the recognition and enforcement of foreign arbitral awards. This jurisprudential shift,…

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC”) rendered decision 4A_486/2023, upholding the unpublished Final Award in Clorox Spain S.L. v. Bolivarian Republic of Venezuela (“Clorox v…

On January 23, 2024, the Paris Court of Appeal (“CoA”) dismissed an action for annulment of an arbitral award on public policy grounds, namely a violation of EU competition law.  The ruling casts…