Competence-competence is fundamental to arbitration. It prevents costly and onerous court proceedings from frustrating the dispute resolution process. For competence-competence to be effective,…
In the case of Parkdenton Ltd v Euro General Retail Ltd t/a EuroGiant [2024] IEHC 387 (Nolan J) a set aside application pursuant to two of the four grounds as per Article 34 of the UNCITRAL Model Law…
In a noteworthy decision, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) (Case No. I ZB 34/23, 11 July 2024 – “Decision”) addressed the German arbitration law provision mirroring…
Since 2019, Working Group (“WG”) V of UNCITRAL has been working on the adoption of a choice of law instrument that regulates the law applicable to the international effects of insolvency proceedings…
Building on Part I of this post, Part II explains the serious practical disfunctions that would derive from the adoption by Working Group V (“WG V”) at UNCITRAL of the current proposal to subject all…
On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that…
The Supreme Court of Canada (“SCC”) recently delivered a judgment which, while dealing primarily with the issue of bank guarantees, serves as a window into a Paris-seated ICC arbitration between a…
On 20 February 2024, Papua New Guinea (“PNG”) passed a dual-track legislative regime regulating arbitration (“New Arbitration Regime”), with the Arbitration (International) Act 2024 (“IAA”) governing…
On 26 December 2023, Azerbaijan adopted a new Law on Arbitration (“the Law” or “the New Law”) that regulates both international and domestic arbitration. It is mostly based on the 2006 edition of the…
