International Arbitration Newsletter - April 2024

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

29 April 2024

Publication

Paris

Simmons & Simmons Spearheads Discussion at Paris Arbitration Week

Simmons & Simmons hosted a thought-provoking discussion on tax-related ISDS disputes at Paris Arbitration Week.

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London

Supreme Court to decide on anti-suit injunctions

The Supreme Court has again shown the willingness of the English courts to uphold parties’ agreements to arbitrate, even when the seat of arbitration is not England. The decision (given orally) in Unicredit Bank GmbH v RusChemAlliance upheld a Court of Appeal decision in February that granted an anti-suit injunction against RusChemAlliance to restrain it from progressing a case before the Russian courts, commenced in breach of an arbitration clause.”

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Milan

Italian Arbitration Day

Italian Arbitration Day in Rome will gather global experts to discuss international arbitration's role in geopolitical contexts, followed by a networking dinner.

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Singapore

Jurisdiction and Digital Contracts: Key Takeaways from the Terraform Labs Case

The Singapore High Court addressed key legal questions in Terraform Labs [2023] SGHC 340 regarding an application to stay proceedings in favor of arbitration. The case centered on whether actions taken in court constitute a “step in the proceedings” under the new Rules of Court 2021, and if arbitration agreements formed online through terms linked by hyperlinks are valid.

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Hong-Kong

In a pivotal decision, a Hong Kong court has invalidated the jurisdictional ruling of a Hong Kong International Arbitration Centre (HKIAC) Tribunal concerning its authority to arbitrate disputes linked to both a loan agreement and an associated promissory note.

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Dublin

Ireland and the Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA).

Irish Supreme Court requires changes to the Arbitration Act for CETA ratification, posing uncertainties for Ireland's future with CETA.

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Dubai

In a recent judgment, the Dubai Court of Cassation (DCC) has refused to enforce part of an ICC arbitration award, holding that the ICC Rules do not authorise a tribunal to award a party’s legal costs as part of its final award. The decision is the latest in a series of judgments on the issue of legal fees in arbitration and highlights the need for parties in UAE-related arbitrations to ensure their arbitration agreements comprehensively set out the intended powers of the tribunal.

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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.