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5114 results available

European Court of Human Rights (ECtHR) – Cour Européenne des Droits de l’Homme
Gordon Nardell, Fiona Petersen (Twenty Essex Chambers)
Arbitration and Human Rights: Judicial Review of Awards Following Semenya v. Switzerland
August 16, 2025

On 10 July 2025, the Grand Chamber (“GC”) of the European Court of Human Rights (“ECtHR”) issued its judgment on the application brought by South African athlete Mokgadi Caster Semenya against…

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City U
Chen Yu (City University of Hong Kong, School of Law)
Global Perspectives on Teaching International Investment Arbitration: The Challenges of Teaching in a Comparative and Interdisciplinary Context in Hong Kong
August 15, 2025

When I first proposed a new course, “International Economic Dispute Resolution: Law and Politics”, for the LLM in International Economic Law stream at the City University of Hong Kong, I was excited…

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European Union (EU)
Kilian Bälz (Amereller RA PmbB)
EU Sanctions and Public Order: Foreign Policy Goals at Odds with Contractual Justice?
August 14, 2025

A foreign arbitral award that provides for a payment obligation that is contrary to EU sanctions violates public order pursuant to Article V(2)(b) of the New York Convention and thus cannot be…

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EWHC
Ania Farren, Ivaylo Dimitrov (Fieldfisher)
A Rare Successful Challenge Under Section 67 in Rakia v. India
August 13, 2025

On 20 June 2025, Knowles J of King's Bench Division issued his judgment in Ras Al Khaimah Investment Authority v Republic of India [2025] EWHC 1553 (Comm) overturning the award (the "Award") of a…

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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, 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 for Institute for Transnational Arbitration (ITA)
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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