On 17 July 2025, in Korea v Elliott Associates LP [2025] EWCA Civ 905, the English Court of Appeal upheld Korea’s jurisdictional challenge pursuant to section 67 of the Arbitration Act 1996 (“AA 1996…
In August 2024, resolving a district split, the US Court of Appeals for the DC Circuit (“DC Circuit”) set a significant precedent in NextEra Energy Global Holdings BV v. Kingdom of Spain, ruling that…
The year 2025 marks the golden jubilee of the Vienna International Arbitral Centre (“VIAC”), while as of 1 January 2025 a new version of its Rules of Arbitration and Mediation 2021 (the “Vienna Rules…
Over the last few years, Russian courts have been issuing anti-suit, anti-arbitration and anti-enforcement injunctions under Articles 248.1 and 248.2 of the Arbitrazh Procedure Code of the Russian…
Daniel Kahneman, Nobel laureate in economics, in Noise: A flaw in human judgment defines “noise” as unwanted variability in judgments. Whereas biases are systematic errors, noise refers to similar…
In September 2024, Peru enacted Legislative Decree No. 1660, which added the 15th Complementary Provision to the Peruvian Arbitration Law. This provision made registration of both arbitrators and…
Defining the parameters of what constitutes an arbitral award is an important exercise towards strengthening the integrity of the international arbitration system. As Gary Born explains in…
Following the widely discussed High Court decision in Nigeria v. Process & Industrial Development (“Nigeria v. P&ID Decision”) (see Blog coverage here and here), Justice Robin Knowles has…
For over 40 years, since Israel ratified the ICSID Convention (“the Convention”) in 1983, its obligations under the treaty have remained largely theoretical. This long-standing status quo was finally…
Finality is a cornerstone of arbitral awards, and cost orders are a critical part of that finality – including in South Africa.Arbitration costs can be substantial – in fact, legal fees often make up…
