In the constitutional lawsuit (amparo) with court docket number 7856/2019, the First Chamber of the National Supreme Court of Justice analyzed the constitutionality of Article 1461, second paragraph…
Where a plaintiff unsuccessfully applies to set aside an arbitral award or resist enforcement of the same, should the costs of the application, as a default rule, be awarded to the defendant on a…
New arbitration rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 ACICA Rules update the 2016 Rules outlined here to bring…
The economic turmoil brought about by the COVID-19 pandemic will undoubtedly give parties pause in weighing the potential benefits of pursuing an arbitration claim, no matter how strong it is…
The dispute between the former owners of the Yukos oil company and the Russian Federation concerning damages of more than US$50 billion is the largest in the history of arbitration. With thousands of…
In November last year, the UK Supreme Court (the “Court”) pronounced judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. It held, among other things, that there was a duty…
Subscribers of KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The first upload of materials for the 2021 volume of the Yearbook contains a small selection of…
Over the last few years, the arbitration community’s attention was drawn to the establishment of English-speaking international commercial courts in various jurisdictions around Europe, Asia and the…
It is important to first define what are hybrid mechanisms in international dispute resolution. As Voltaire once stated, ‘If you wish to converse with me, define your terms’. Hybrid mechanisms refer…
Intra-EU investment agreements and arbitration have been a highly divisive issue in European policy circles for decades. The European Commission has been forcefully pushing for the termination of…
