On 17 April 2025, in CC/Devas (Mauritius) Ltd and Others v. the Republic of India [2025] EWHC 964 (Comm), the Commercial Court in London handed down a landmark judgment that is reverberating in the…
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…
Another trip around the Sun has brought a wealth of notable developments. Courts across Canada have addressed a multitude of issues, including challenges to arbitrators due to reasonable apprehension…
In Republic of India v CCDM Holdings (2024 QCCA 1620), the Quebec Court of Appeal (“the Court”) recently confirmed that India had waived its immunity from enforcement and reinstated a pre-judgment…
The doctrine of immunity from execution, viewed as the "last bastion of State immunity", has traditionally shielded sovereign assets from being used to satisfy adverse arbitral awards. While…
On 1 November 2023, the English High Court (“EWHC”) delivered its decision in Hulley Enterprises Limited v. Russian Federation. The EWHC dismissed the jurisdictional challenge raised by the Russian…
2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. It saw developments in investment arbitration and disputes relating to climate change, efforts to…
In June 2018, an International Centre for Settlement of Investment Disputes (ICSID) tribunal issued an award against Spain under the Energy Charter Treaty. The successful claimants then commenced…
The International Convention on the Settlement of Investment Disputes (ICSID Convention) contains two provisions regulating compliance with arbitral awards. Article 53(1) provides that an award shall…
