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Arbitration Interrupted: The United States Considers Dubai’s Decree 34
In a recent United States Court of Appeals for the Fifth Circuit ("Fifth Circuit") opinion, Baker Hughes Saudi Arabia Company Limited v. Dynamic…
A New Era for Dispute Resolution in Construction? AS 4000:2025 and the Rise of Dispute Avoidance Boards
In June 2025, Standards Australia published the revised AS 4000:2025 General Conditions of Contract standard form ‘construct only’ construction…
Dispute Resolution Quarterly Milestones (July-September 2025)
Delhi High Court affirms civil courts’ power to grant anti-arbitration injunctions against vexatious and oppressive foreign-seated…
Case Comment: Gayatri Project Limited vs. Madhya Pradesh Road Development Corporation Limited, 2025 INSC 698 (Supreme Court of India)
The Hon’ble Supreme Court in this recent decision was faced with the issue whether a party can…
This town ain't big enough for the two of us: Eletson Gas LLC v A Limited & Ors
Eletson Gas LLC v A Limited & Ors [2025] EWHC 1855 (Comm) concerns an application made under section 32 of the Arbitration Act 1996 (the "1996 Act")…
State immunity and the execution of investment treaty arbitral awards against state assets
This British Virgin Islands (“BVI”) Commercial Court case confirms that a State’s written undertaking in a BIT to enforce arbitral awards may be…
The Christmas countdown - how to plan for Christmas as a separated family
Recent statistics from ONS suggest that there are 2.4 million separated families in Great Britain, with 3.8 million children in those separated…
Due process in focus: English High Court ruling and parallels in Singapore arbitration
Arbitration remains one of the preferred dispute resolution mechanisms for cross-border investors and states, but the integrity of the process…
Die neuen TES-Regeln: Chancen nutzen - Stolperfallen vermeiden
The possibility under Swiss arbitration law to include unilateral arbitration clauses, together with the new TEF Rules of the Swiss Arbitration…
Reflections on the 2025 International Arbitration Lecture: The Enduring Role of the Human Arbitrator and the New Opportunity for Science
In 1983, Mustill J described arbitration as a process shaped not only by law and fact, but by human judgement. That insight remains as relevant today…
Die neuen TES-Regeln: Chancen nutzen - Stolperfallen vermeiden
Die Möglichkeit nach Schweizer Schiedsrecht, einseitige Schiedsklauseln vorzusehen, und die neuen TES-Regeln des Swiss Arbitration Centers…
Suspension and adaptation of enforcement in France: why meticulous drafting and preparation matter under Article 1526 of the Code of Civil Procedure
Under Article 1526 of the French Code of Civil Procedure (CCP), a party who has obtained an order for the recognition and enforcement of an arbitral…
The Concept of Burden of Proof in Arbitration
In a realm of dispute resolution, it’s always one party asserting a fact and the other disputing it or…
Doing Business in Canada Section XVIII: Dispute Resolution
Like the United States and the United Kingdom, Canada has two parallel court systems — federal and provincial. Accordingly, Canada's 10…
Freezing Orders: Dishonesty, Dissipation & Disclosure
Freezing injunctions, especially those sought in cross-border enforcement, are a crucial tool for any claimant against potential defendants in an…
A view from the United States: A round-up of significant appellate decisions
The US continues to be a common jurisdiction in which to enforce arbitral awards. This is due in part to the well-developed jurisprudence of US…
Orders against third parties in arbitration
In this article we write specifically about changes to s.44, which relates to the court's powers in support of arbitral proceedings. As the new…
Damage, defects and delay: The interplay between construction arbitration and insurance claims
Understanding the relationship between insurance and the underlying construction contract is vital to developing a holistic recovery strategy A…
Amsterdam District Court rules in Schiphol A-Pier termination case
On 30 July 2025, the Amsterdam District Court ruled in the dispute between Schiphol and the consortium of contractors - BN-TAV - concerning the…
Building trust(s) in arbitration
The Law Commission’s 14th programme of Law Reform includes a commitment to consider whether, and how, the law could be amended to facilitate trust…
Vonnis rechtbank Amsterdam in zaak Schiphol over ontbinding A-Pier contract
De rechtbank Amsterdam deed op 30 juli 2025 uitspraak in het geschil tussen Schiphol en de aannemerscombinatie BN-TAV over de bouw van de A-Pier…
Aston Martin MENA Limited v Aston Martin Lagonda Limited: Court considers contractual interpretation in Section 69 arbitration appeal
In Aston Martin MENA Limited v Aston Martin Lagonda Limited [2025] EWHC 2531 (Comm), Mr Justice Bright dismissed a rare appeal to the High Court…
Dan H. Ball, Esq., Joins JAMS in St. Louis
JAMS, the premier provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Dan H. Ball, Esq., has…
Out of time but not out of options: Section 72 relief available to non-participants post-award
In African Distribution Company S.a.r.L v Aastar Trading Pte Ltd [2025] EWHC 2428 (Comm), the English Commercial Court (the Court) dismissed an…
Digest | Issue 29 | October 2025
In Arabic, we say ‘الشرر مستصغر من النار معظم ‘- which in English translates as ‘the largest fires start from the…
California Supreme Court Holds State Law Requiring Timely Payment of Arbitration Fees Not Preempted by FAA
In Hohenshelt v. Superior Court, the California Supreme Court held that Section 1281.98 of the California Arbitration Act (CAA) is not preempted by…
Dispute Boards (DAB/DAAB) in Vietnam: Toward International Standards
Vietnam's public infrastructure program is entering a pivotal phase, marked by a gradual alignment with international standards in alternative…
What to Expect in Arbitrating M&A Disputes
M&A disputes, both domestic and cross-border, are quite frequent, and we often see them crystallising into an arbitration proceeding. Of these M&A…
Mission critical: Resolving construction disputes in the space sector through arbitration
NASA’s recent announcement of plans to build a nuclear reactor on the Moon by 2030 marks a turning point in the evolution of the space sector. This…
Ontario Court of Appeal clarifies approach to dispute resolution timelines
The Ontario Court of Appeal recently found that a time period in a construction contract for mediation served as a resolution period and not a…