The very nature of international arbitration entails parties, arbitrators and any other participant in the arbitral proceedings generally being of different nationalities and speaking different…
Exorbitant jurisdiction is generally described as comprising domestic courts’ powers in cross-border litigation to assume jurisdiction based on a very thin (although in the courts’ view sufficient…
This post is just a quick reminder about the European Parliament survey of arbitration practitioners that is currently undertaken by a team at the Brunel Center for the Study of Arbitration and Cross…
By Justin D'Agostino, Jessica Booth and Tracy Wu, Herbert Smith Freehills
Ever since the internal fight between CIETAC (Beijing) and its Shanghai and Shenzhen sub-commissions became public in May…
Stare decisis is Latin for "to stand by things decided”. This is also a doctrine which is frequently used by courts which decides to abide by a point of law which was previously held by a court of…
During past months, the Belgian arbitration community has been very active in promoting its country and Brussels in particular, as a major international arbitration centre.
2013 and 2014 are indeed…
Former U.S. Defense Secretary Donald Rumsfeld famously introduced into the American lexicon the oxymoronic concept of the “known unknown”—“that is to say we know there are some things we do not know…
In an encouraging ruling of earlier this year (see Case No. 249 of 2013 – Middle East Foundations LLC v. Meydan Group LLC (formerly Meydan LLC), Commercial Appeal, ruling of the Dubai Court of Appeal…
On 16 April 2014, the Parliament of the European Union has published legislative resolution No P7_TA-PROV (2014) 0419 on the proposal for a regulation of the European Parliament and of the Council…
By Karl Pörnbacher and Lars Pütz, Hogan Lovells LLP
An arbitral tribunal's preliminary ruling on its jurisdiction can be challenged by application for state court decision according to Sec. 1040 (3)…
