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5080 results available

TEF
Aliénor de Dardel  (Homburger)
Broad by Design, Ambiguous in Practice? Understanding the Scope of the 'Trust, Estate, and Foundation Disputes' Rules
August 12, 2025

The Swiss Arbitration Centre's Supplemental Swiss Rules for Trust, Estate, and Foundation Disputes ("TEF Rules"), accompanied by an Explanatory Note, came into force on 1 July 2025. They mark an…

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v
Laura Lambert  (Mattos Filho) , Fernando Freire Lula  (Mattos Filho)
Brazilian STJ Reaffirms Its Pro-Enforcement Stance Toward Foreign Arbitral Awards
August 11, 2025

In a recent decision, the Brazilian Superior Court of Justice ("STJ") reaffirmed its pro-enforcement stance toward foreign arbitral awards by granting recognition to two awards rendered in the United…

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CC
Nicolò Andreotti  (University of Padua)
Climate Change and Investment Arbitration: The IACtHR’s 2025 Advisory Opinion as a Regulatory Defense Tool
August 09, 2025

On 3 July 2025, the Inter-American Court of Human Rights ("IACtHR") issued its Advisory Opinion on Climate Emergency and Human Rights (OC-32/25). In the Opinion, the Court clarified the scope of…

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ITA - SCC 2
Mısra Yalçın
International Arbitration and the Rule of Law: Are We at the Crossroads?
August 08, 2025

The rule of law is a hot topic around the world, with threats from reduced access to justice to increased political pressure affecting courts, parties, legal practitioners, and academics in various…

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Sweden
Bruno Gustafsson  (Roschier Attorneys, Ltd.)
Annulment of Awards Under the Komstroy Principle in "Mixed" Investment Arbitrations: The Swedish Supreme Court Renders a Clarifying Ruling
August 07, 2025

The Court of Justice of the European Union (“CJEU”) ruled in Komstroy (C-741/19, Sept., 2021) that the dispute resolution mechanism of the 1994 Energy Charter Treaty (“ECT”) does not apply to intra-…

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AA
Reza Shahrokhi  (FMO: Dutch Entrepreneurial Development Bank) , Lútsen de Vries  (STAUNCH)
Arbitrating Shareholder Disputes: Dutch Law Lens with a Dash of German Law Perspective
August 06, 2025

Shareholder disputes can create intricate scenarios, blending business and personal relationships into a complex backdrop. Shareholders may share a connection that transcends financial interests.…

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EAA 2025
Jonathan Barnett , Mila Kovalenko  (Fieldfisher)
The English Arbitration Act 2025: Enhancing Trust, Efficiency, and Global Appeal
August 05, 2025

Change is in the air: The English Arbitration Act 2025 (the "2025 Act") is a significant and timely piece of legislation, which, in the words of the UK Ministry of Justice, will "turbocharge UK's…

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DIFC
Gordon Blanke  (Blanke Arbitration LLC)
The Enforceability of DIFC-LCIA Arbitration Clauses in Light of Decree No. 34/2021: Ignoring the Elephant in the Room?
August 04, 2025

It is difficult to ignore the elephant in the room: Defaulting DIFC-LCIA arbitration clauses to the Dubai International Arbitration Centre (“DIAC”) pursuant to Decree No. 34/2021 Concerning the Dubai…

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France
Kimberley Bazelais  (Signature Litigation)
Should French Courts Issue Anti-suit Injunctions? Analysing the French Approach in Light of the Proposed Arbitration Law Reform
August 01, 2025

Fourteen years on from the enacting of the 2011 Decree which serves as the framework for French arbitration legislation, the work has begun to modernise the law, preserve its singularity, and enhance…

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India
Sharan Balakrishna
Arbitral Immunity in India: in Good Faith and Bad
July 31, 2025

This article discusses the difference in the nature of the immunity granted to arbitrators under the Indian Arbitration and Conciliation Act (“ACA”), as compared to the U.K. Arbitration Act (“AA”).…

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