Since 1993, Russian arbitration law has supported arbitration and required courts to uphold and enforce arbitration clauses. However, in response to Western sanctions imposed on Russian individuals…
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…
This post provides a recap of notable arbitration-related developments in France in 2023. Far from being an exhaustive account, it focuses on French court decisions in the areas identified below…
The Dubai Court of Cassation, in its recent judgement, DCC 1308 of 2020, explored the effect of incorporation of arbitration clauses by reference. Typically, “incorporation by reference” refers to…
On 5 May 2020, 23 Member States of the European Union (“EU”) signed an Agreement for the Termination of all Intra-EU Bilateral Investment Treaties (“Agreement”). Following ratification by the Kingdom…
Most of the contemporary discourses on pre-arbitral judicial interference in India entail the scope of the judicial enquiry required before the constitution of an arbitral tribunal. As it currently…
By Justin D'Agostino and Timothy Hughes, Herbert Smith Freehills
The Hong Kong International Arbitration Centre ("HKIAC") has amended its Model Clauses in order to include an optional provision that…
