Arbitration Notes
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Showing 12 out of 19 results
U.S. Supreme Court Mandates Stay of Trial Court Proceedings During Arbitrability Appeals
The U.S. Supreme Court, in an opinion by Justice Kavanaugh for a five-Justice majority, held in Coinbase, Inc. v. Bielski that when the losing party …
SECTION 1782 UPDATE: U.S. SUPREME COURT RULES THAT U.S. DISCOVERY CANNOT BE USED FOR INTERNATIONAL COMMERCIAL ARBITRATION AND INVESTMENT ARBITRATION
On June 13, 2022, the U.S. Supreme Court unanimously ruled in ZF Automotive US, Inc. v. Luxshare, Ltd., 21-401, 2022 WL 2111355 (U.S. June 13, 2022) that …
Indian Supreme Court rules that Indian courts have jurisdiction to hear an application to set aside an award issued in Malaysia
In its recent decision in Union of India v Hardy Exploration and Production (available here), the Supreme Court of India found that a contractual clause …
English Court refuses to grant an injunction against the enforcement of a s1782 US Evidence Order
In a decision dated 24 August 2018, the English Commercial Court (the “Court“) dismissed Dreymoor Fertilisers Overseas PTE Ltd's (“Dreymoor“) application …
Australian Full Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement
On 25 January 2017, the Full Federal Court of Australia dismissed Trina Solar US, Inc.’s (Trina) appeal from an earlier decision of a single Federal …
NAFTA tribunal considers issues of res judicata and the customary international law minimum standard of treatment
In Apotex Holdings Inc. and Apotex Inc. v United States of America, (ICSID Case No. ARB(AF)/12/1), a NAFTA chapter eleven …
US issues new Ukraine-related sanctions and additional guidance
Herbert Smith Freehills has published the latest issue of its Corporate Crime e-bulletin. This edition covers the new sanctions designations …
Europe consults on investment protection and ISDS in the TTIP
The European Commission has launched a public consultation on its proposed approach to investment protection and investor-state dispute settlement (ISDS) …
Ecuadorian Bill for the Enforcement of Awards and Judgments: will recent developments give the bill further impetus?
The Bill for the Enforcement of Awards and Judgments was introduced into the National Assembly of Ecuador in December 2013, against the backdrop of the …
Ukraine – EU imposes asset freeze and travel ban on 21 Russian individuals; US introduces additional Executive Order and imposes asset freeze and visa ban on 11 Ukrainian and Russian individuals
Herbert Smith Freehills has published its latest Sanctions Update e-bulletin, on the imposition targeted sanctions by the EU and US in response to the …
Ukraine – EU imposes asset freeze on members of former government and issues a statement in relation to Russia; US introduces Executive Order permitting the blocking of assets
Herbert Smith Freehills has issued its latest Sanctions Update e-bulletin, concerning the EU and US response to recent events in Ukraine. On 5 …
The US Supreme Court decides BG v Argentina - right place, wrong road?
In a 7-2 majority decision on 5 March 2014, the United States Supreme Court has reinstated BG Group (BG)'s US$185 million arbitral award against …
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