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5118 results available

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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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 for HK45
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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H
Stepan Sultanov, Artem Gritsuk, Dinara Ibragimova, Mariia Lukoianova (KIAP)
The Lugovoy Law Metamorphosis: The Russian Constitutional Court Declined the Request but Partly Aligned With the Amicus Curiae Briefs
July 30, 2025

The Russian Constitutional Court in its ruling of 29 April 2025 No. 999-O refused to consider the constitutionality of Articles 248.1 and 248.2 of the Russian Arbitrazh Procedure Code (“APC RF”) (a.k…

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Singapore
Eunice Chan Swee En, Teo Jim Yang (Ascendant Legal LLC)
Natural Justice and Infra Petita Challenges: Recent Case Law and Potential Law Reform in Singapore
July 29, 2025

Three recent decisions of the Singapore Court of Appeal (“Court”) offer instructive guidance on natural justice and infra petita challenges against arbitral awards. Palm Grove Beach Hotels Pvt Ltd v…

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