On 28 October 2025, the Asia Civil Law Summit was presented as an official event of the Seoul ADR Festival 2025, with four rounds of discussions exploring the history, present, and outlook of civil…
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…
