Mandatory research and development investment requirements (hereinafter ‘R&D Requirements’) may be prohibited under Chapter 11 of the North American Free Trade Agreement (‘NAFTA’). A decision in…
The decision handed down by the High Court of Australia, just weeks ago, regarding Australia’s plain packaging legislation is just the beginning of what is destined to be a long battle. And a battle…
and Julia Popelysheva, Clifford Chance LLP
Introduction
On 19 June 2012 the Presidium of the Supreme Arbitrazh Court of the Russian Federation ("SAC RF") issued a decree ("Decree") in case No. VAS-…
In the recent case of Itochu Corporation vs. Johann M.K. Blumenthal GMBH & Co KG & Anr [2012] EWCA Civ 996 (“Itochu vs. Blumenthal”), the English Court of Appeal decided obiter that – in the…
As explored in some detail in Part I of this blog post, recent UAE supervisory court case law has heralded a new era of enforcement of international awards in strict compliance with the 1958 New York…
Investment arbitration under intra-EU investment treaties has been a controversial topic for years. The European Commission has repeatedly expressed the view that arbitration clauses in bilateral…
For those of us in the arbitration world, the closing ceremony which took place on 12 August 2012 not only marked the end of the London Olympic Games. It also signalled the conclusion of the…
In a French-language decision dated 18 June 2012 in Case 4A_488/2011, the Swiss Supreme Court considered as "convincing" the view that the Court of Arbitration for Sport has jurisdiction to hear an…
In Shanghai Construction (Group) General Co. Singapore Branch v Tan Poo Seng [2012] SGHCR 10, the Singapore High Court granted a temporary stay of proceedings in exercise of its inherent jurisdiction…
Reminder -- The September 1 deadline is now drawing near for the Call for Papers, for the Institute of Transnational Arbitration (ITA)’s Winter Forum in Miami on January 24-25. Details of the Call…