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Vietnam pilots the mechanism of waiver agreement of the right to request the setting aside of an arbitral award: what should investors and businesses know?
With the promulgation of Resolution No. 222/2025/QH15 and Decree No. 328/2025/ND-CP, the Vietnamese legal system has, for the first time, formally…
The 2026 ICC Rules: What Indonesian Businesses Need to Know
The International Chamber of Commerce (“ICC”) has introduced new Arbitration Rules effective from 1 June 2026 (the “2026 ICC Rules”), replacing the…
Việt Nam thí điểm cơ chế thỏa thuận từ bỏ quyền yêu cầu hủy phán quyết trọng tài: Nhà đầu tư và doanh nghiệp cần biết gì?
Với việc ban hành Nghị quyết số 222/2025/QH15 và Nghị định số 328/2025/NĐ-CP, lần đầu tiên hệ thống pháp luật Việt Nam chính thức ghi nhận cơ chế…
适用中国法的“双刃剑”：跨境交易中不可忽视的法律风险
在“一带一路”倡议下，中国企业常约定涉外合同适用中国法以掌握主动，但这隐藏多重风险。域外裁判机构可能因缺少实际联系或受当地强制性规范约束而排除中国法…
Should we use early neutral evaluation more?
In our latest article for Construction Law's ADR series, we consider whether the little used, neutral evaluation technique should be considered more…
Arbitration Update: Universiti Malaya v ESA Jurutera Perunding Sdn Bhd: Federal Court Clarifies "Step in the Proceedings" under section 10 of the Arbitration Act 2005
In Universiti Malaya v ESA Jurutera Perunding Sdn Bhd [2026] MLJU 2093, the Federal Court affirmed the Court of Appeal's decision and clarified what…
Shield or Sword? Pre-Emptive Non-Recognition of Awards in Germany and England
Can an award debtor against which an award has been rendered at the seat of arbitration, seek a declaration of non-recognition of the award in…
German Disputes Bites - Arbitration vs Litigation: choosing the right forum for enforcement
In domestic disputes, many businesses understandably focus on familiarity, cost, or appeal rights. In cross-border disputes, the centre of gravity…
English Court of Appeal Confirms: Ratification of the New York Convention Does Not Waive Sovereign Immunity
The English Court of Appeal has now delivered its highly anticipated judgment in CC/Devas (Mauritius) Ltd & Ors v The Republic of India [2026] EWCA…
The settlement of mass claims under the WAMCA
A collective action can be resolved in various ways. In this Insight, we discuss how a collective action under the WAMCA can be settled and which…
Cross-Border Enforceability of Financial Ombudsman Decisions within the European Union
The development of out-of-court dispute resolution mechanisms within the European Union has led to the establishment of specialised bodies tasked…
Arbitration Act 2005: Federal Court Clarifies What Constitutes “Steps in the Proceedings”
A defendant in a civil suit is entitled to seek a stay of proceedings pending reference to arbitration under Section 10(1) of the Arbitration Act 2005…
The Setting Aside of an Arbitral Award Caused by AI “Hallucinations”: A Case Analysis of the Quebec Superior Court’s Decision in ARIHQ c. Santé Québec
On April 22, 2026, the Quebec Superior Court of Canada set aside the arbitral award rendered by arbitrator Michel A. Jeanniot in ARIHQ c. Santé…
What’s changed and why: ICC Rules 2026 with Claudia Salomon
Andrew Tetley and Clément Fouchard sit down with Claudia Salomon, President of the ICC International Court of Arbitration, for the insider's…
Hong Kong courts hand down significant arbitration-related decisions
The Hong Kong courts have handed down several significant arbitration-related decisions in the second quarter of 2026. We previously reported on two…
Scrutiny from regulators outside Japan: Challenges for Japanese companies - Episode 12: Attempting to check what competitors are doing when misconduct is identified
Some Japanese companies will downplay the seriousness of misconduct and can even resile from implementing appropriate remedial measures once they…
High Court of Delhi sets aside an arbitral award premised on conjecture and lack of evidence of actual loss under Section 34 of the Arbitration & Conciliation Act, 1996
Indian Sugar Exim Corporation Limited (“Petitioner/ISEC”) filed a petition under Section 34 (“Petition”) of the Arbitration and Conciliation Act…
Commercial Disputes Weekly Issue 289
Under a contract of affreightment, Charterers declared laycan of 12-15 October to load a cargo of fertiliser but owners’ purported nomination of a…
Health Care Beat Episode 57: Resolving Health Care Disputes: The Power of Mediation and Arbitration
The dynamic and highly regulated nature of the health care industry often gives rise to multifaceted disputes among providers, payors, and other key…
Commercial common sense prevails: English Court upholds arbitration clause and rejects mediation as condition precedent
In Toziwepi Ropa v Kharis Solutions Limited [2026] EWHC 259 (Comm), HHJ Charman, sitting as a High Court judge in the Circuit Commercial Court…
No Surprises Act Check-In: The Latest Changes to the IDR Process
In this Episode, Gabe Scott, Kevin Alonso, and Cindy Laura Ortega Ramos unpack recent updates to the federal independent dispute resolution (IDR)…
Eleventh Circuit Affirms Denial of Motion to Compel Arbitration in Yacht Brokerage Antitrust Class Action
An Eleventh Circuit panel recently affirmed the denial of a motion to compel arbitration in a consolidated class action alleging antitrust violations…
Seat matters: challenging a tribunal’s ruling on jurisdiction
Kompetenz-Kompetenz is the universally accepted principle that empowers arbitration tribunals to decide on their own jurisdiction. However, recent…
Playfly Arbitration Tests Scope of ‘Associated Entity’ NIL Rules
The recent arbitration decision in the Playfly-University of Nebraska matter marks a pivotal first application of the House v. NCAA settlement’s (the…
Supreme Court unanimously holds federal courts compelling arbitration retain jurisdiction over post-award litigation
Most courts viewed the Supreme Court’s decision in Cortez Blue Chips, Inc. v. Bill Harbert Construction Co., 529 U.S. 193 (2000), as recognizing a…
Arbitrability, Corporate Insolvency, and Fractured Disputes: The NSW Court of Appeal’s Approach in Clough v Elecnor and the Lex Domicilii vs. Lex Arbitri Divide
The intersection of international commercial arbitration and corporate insolvency consistently generates profound jurisdictional friction. While…
The Practical Realities of AI in International IP Arbitration
The hardest questions AI raises in IP arbitration are not about efficiency. They are about what happens to disclosure, due process, and an…
サウジアラビアにおける強制執行法の改正
サウジアラビア王国(以下｢サウジアラビア｣)では、2026年4月20日、新たな強制執行法(以下｢本法｣)が制定されました。サウジアラビアでは、Saudi Vision 2030の下で…
Time is money, and the ICC is getting faster: are expedited procedures the answer?
Insights Insights ICC Arbitration Rules 2026 Expedited arbitration is now a standard offering of virtually every major arbitral institution, with the…
Former U.S. District Judge Walter D. Kelley Jr. Joins FedArb as Arbitrator and Mediator
Former federal judge brings judicial authority, appellate perspective and decades of plaintiff- and defense-side business litigation experience to…