Paris
The French Cour de cassation ruled that failure to initiate mediation in accordance with a Mediation-Arbitration clause is a question that pertains to admissibility of claims rather than to an arbitral tribunal’s jurisdiction.
London
In a decision that sounds a note of caution for companies considering arbitration in consumer-facing terms of service, English courts have considered arbitration clauses in online terms and conditions for high value services and who is a consumer.
Amsterdam
The Amsterdam District Court ruled that a party’s misrepresentation of factual information pertaining to its alleged damages amounts to procedural deceit that may, under specific circumstances, lead to a denial of enforcement of the award.
Dublin
Legislative amendments, published in the draft Courts and Civil Law (Miscellaneous Provisions) Bill 2022, will, when adopted, permit third party litigation funding in international commercial arbitration cases in Ireland.
Milan
Legislative Decree no. 149 of 10 October 2022 introduced noteworthy amendments to arbitration provisions under the Italian Code of Civil Procedure which are likely to further enhance Italy’s attractivity as venue for international arbitrations.
Singapore
The Singapore High Court held that foreign awards rendered by emergency arbitrators may be recognised and enforced in Singapore pursuant to Section 29 of the IAA, so long as the award is “binding”.
Hong-Kong
In a landmark decision, the Hong Kong Court of Appeal ruled that disputes pertaining to the compliance with pre-arbitral steps as provided under a dispute resolution clause are to be resolved by arbitral tribunals rather than State courts.
Dubai
The Abu Dhabi Court of Cassation ruled that an ICC arbitration clause providing for “Abu Dhabi” as a seat grants territorial jurisdiction to hear and determine annulment proceedings to the ADGM Courts rather than the onshore courts in Abu Dhabi.
Doha
Our experts is Doha assess why Arbitration-Mediation-Arbitration is an appropriate dispute resolution mechanism for the settlement of construction, infrastructure and energy disputes in Qatar.
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