International Arbitration Newsletter - June 2023

The Arbitration cross-border group is delighted to share with you the latest news in International Arbitration for the month of June across its key offices.

20 June 2023

Publication

Paris

French Cour de Cassation clarifies the regime of enforcement of arbitral awards against a State’s tax claims

In a recent judgment, the French Cour de Cassation clarified the circumstances in which award creditors may enforce an award against a foreign State’s tax claims in France.

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London

The Arbitration Act under review

25 years after it came into force, the Arbitration Act 1996 is under scrutiny by the Law Commission, the statutory independent body that conducts research and makes recommendations to the government on ways in which to improve the law.

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Amsterdam

The Post-Achmea saga continues : Dutch courts consider the fate of intra-EU arbitration proceedings seated outside of the EU

In a recent decision, the District Court of Amsterdam rules that intra-EU arbitration proceedings seated outside of the EU are not “clearly futile” and their pursuit does not constitute an abuse of rights under Article 3:13 DCC.

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Dublin

Dublin International Arbitration Day Conference

Arbitration Ireland are set to host their 11th “Dublin International Arbitration Day Conference” on 17 November 2023. This year’s Conference offers an outstanding line up of international expert speakers on matters of topical interest.

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Milan

New provisions on impartiality and independence of arbitrators

The recent Legislative Decree no. 149 of 10 October 2022 has introduced a number of rules to strengthen the independence and impartiality of arbitrators.

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Madrid

The 17th International Congress of the Club Español del Arbitraje

The Club Español del Arbitraje is set to host the 17th international congress on 18-20 June 2023. The conference will tackle a variety of issues pertaining to arbitration in times of crisis and disruption.

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Hong-Kong

Hong Kong Court refuses to stay tortious court claim in favour of arbitration

A Hong Kong Court held that a tort claim does not fall under the ambit of a dispute resolution clause which submits to arbitration “any dispute arising out of the performance of” an agreement.

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Singapore

Malaysian Courts versus Arbitral Tribunals’ Powers to Order Interim Relief: Do They Conflict?

The Malaysian High Court recently confirmed that in situations where an interim measure can be granted by both an arbitral tribunal and Malaysian courts, the requesting party will first have to request that the interim measure be granted before the arbitral tribunal.

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Saudi Arabia

Saudi Center for Commercial Arbitration reveals new Arbitration Rules

The Saudi Centre for Commercial Arbitration recently announced the publication of its new SCCA Arbitration Rules, the modernity and sophistication of which is unsurprising, given the institution’s intention to become the preferred arbitral institution in the region by 2030.

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Dubai

A warning for contracts specifying arbitration under the DIFC-LCIA Rules

A refresher on the changes to Dubai arbitral institutions, and a reminder to check (and amend) arbitration agreements choosing DIFC-LCIA Rules to minimise post-award enforcement risks.

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This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.