As part of the 2024 Year in Review series, this post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2024. The 2024 decisions provide…
Continuing with the trend of previous years, 2024 saw continued development throughout the region. In Australia, we saw an influx of meaningful, pro-arbitration court decisions, in the Pacific…
2024 witnessed significant developments concerning the Energy Charter Treaty (“ECT”), ranging from a new wave of withdrawals to the adoption of the modernised ECT in December. This post reviews the…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for South Asia. Experience and knowledge in…
Since the Russian invasion of Ukraine in 2022 and the European Union's (“EU”) subsequent tightening of Russia sanctions, Western parties to international arbitration proceedings involving Russian…
Can an arbitral tribunal revisit issues of liability after rendering an interim award in bifurcated proceedings? This was the question put to the High Court of Australia (the “Court”) in CBI…
On 3 December 2024, the Energy Charter Conference (“Conference”) officially adopted the modernised version of the Energy Charter Treaty (“ECT” or “Treaty”), following an agreement in principle…
This post is concerned with the potential comparison between the fair and equitable ("FET") standard and the rule against abuse of rights (“AR”), as regulated under municipal private law systems (…
During the 2024 Olympic Games, as the public watched world-class athletes perform, international arbitration came into the spotlight. The decision of the Court of Arbitration for Sport (“CAS”) to “…
In Republic of India v CCDM Holdings (2024 QCCA 1620), the Quebec Court of Appeal (“the Court”) recently confirmed that India had waived its immunity from enforcement and reinstated a pre-judgment…