International Arbitration Newsletter - January 2024

Paris

Navigating Interest Awards in Arbitration: The Devil is in the Details (of Your Prayer for Relief)

In a recent decision of the Paris Court of Appeal, scrutiny was given to whether an arbitral tribunal could order default interest on arbitration costs without a specific request.

→View the article here

London

Arbitration and corruption: Nigeria v P&ID

In October the English High Court handed down an explosive judgment in the case of Nigeria v P&ID, finding that an arbitration “was a shell that got nowhere near the truth”. A sham deal procured by bribery had led to an arbitral award against Nigeria for$11bn, enforcement of which was refused by the High Court. We reflect on what happens where an allegation of corruption is raised in the arbitral process.

→View the article here

Milan

The fourteenth edition of the Milan Chamber of Arbitration Annual Conference

On 24 November 2023 Milan Chamber of Arbitration (CAM) hosted its fourteenth Annual Conference, titled 'The Colour of Money: Economics in Arbitration’, which brought together over 170 arbitration experts and practitioners from 16 countries worldwide.

→View the article here

Singapore

Singapore Court of Appeal Affirms Transnational Issue Estoppel in Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10

Notable 5-judge bench of the Singapore Court of Appeal hold that transnational issue estoppel and (provisionally) the principle of primacy should apply in the context of international commercial arbitration, preventing parties from re-litigating points before an enforcement court that had previously been raised and decided before the seat court.

→View the article here

Hong-Kong

Judicial immunity extended to arbitrators: Song Lihua v Lee Chee Hon [2023] HKCFI 1954

In a recent judgment, the court of first instance extended judicial immunity to arbitrators.

→View the article here

Abu Dhabi

Abu Dhabi’s Arbitration Evolution: arbitrate AD replaces ADCCAC

Abu Dhabi to launch arbitrate AD, a modern arbitration centre, promising impartial and efficient dispute resolution, replacing ADCCAC.

→View the article here

Dubai

The Impact of a Landmark U.S. Ruling on Dubai Arbitration

In the dynamic world of international arbitration, a recent U.S. court decision has sent ripples across the legal landscape, challenging the way businesses must approach their arbitration agreements. This article revisits the critical changes brought about by Dubai Decree 34 of 2021(the “Decree”) and examines the implications of a landmark ruling that refuses to enforce an out dated arbitration clause.

→View the article here