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Does a Partial Final Award Render a Tribunal Partially Functus Officio? New...
In a recent decision, New York State’s highest court (the New York Court of Appeals) rejected an argument that a tribunal exceeded its authority, as to warrant vacatur, when it reconsidered and...
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Signing the Arbitral Award in Wet Ink: Resistance to Technological Change or...
Electronic signatures (e-signatures) may affect in some cases arbitration’s most valuable characteristic: the enforceability of the arbitral award. In most jurisdictions, and in particular pursuant to...
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Does Issuing a Dissenting Opinion to an Arbitral Award Constitute a Violation...
A one paragraph obiter dictum in an annulment decision rendered by the Frankfurt Higher Regional Court (the “Court”) on 16 January 2020 (26 Sch 14/18) reignited an old debate: are dissenting opinions...
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The CCJA’s Ruling in the Case Republic of Benin v SGS Société General de...
Since its creation, the Common Court of Justice and Arbitration (CCJA) has been at the forefront of promoting international arbitration in Africa, particularly with respect to creating a favourable...
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2020 Statistics of Polish Post-Award Case Law: Is Poland Arbitration-Friendly?
Arbitration has been well-established in Poland already before and throughout the 1920s. It has, however, experienced a downturn between 1945 and 1989 due to the distrust of the Polish state. The winds...
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Signing an Award in Counterparts: The Paris Court of Appeal Adopts a Flexible...
The Paris Court of Appeal has ruled in a Covid-related set aside request that French law does not impose an obligation on arbitrators to sign an award simultaneously on the same page. In a judgment...
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New Generation Investment Treaties and Environmental Exceptions: A Case Study...
Environmental concerns now play an increasing role in investment disputes. In this regard, this post analyses the interpretation of an environmental carve-out in an investment treaty in the decision on...
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Arbitral Awards: How Long is Long Enough?
There’s a story told of Abraham Lincoln who, during his days as a working lawyer, was riding in a stagecoach from one rural courthouse to another. His companions got to discussing human anatomy, and...
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CAM-CCBC Arbitration Congress IX Edition: Publication of Arbitral Awards –...
Between 17-23 October 2022, the São Paulo Arbitration Week (“SPAW”) was held with multiple events in different parts of the biggest city of Latin America. The SPAW is a collaborative event, organized...
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Justice versus Finality: Is it Time to Revisit the Rules on the Revision of...
One of the great advantages of arbitration is that it is a “one-shot” dispute resolution mechanism that does not allow for a series of appeals. Indeed, many users stress the finality of awards and the...
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Colombia’s Supreme Court of Justice: Recent Decisions on Recognition and...
This post addresses the recognition and enforcement of foreign awards in Colombia and summarizes two important cases decided in 2022 by the Civil Chamber of the Colombian Supreme Court of Justice...
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Change of Trend: Award Condemns Peru to Compensate Investor for Breach of the...
Despite the good results obtained for several years in its defense from investment arbitration claims, the Republic of Peru has become one of the countries with the highest number of arbitration claims...
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Recognition and Enforcement of Foreign Arbitral Awards in China Between...
This two-part article provides an empirical analysis of hundreds of cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. In summary, the...
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Recognition and Enforcement of Foreign Arbitral Awards in China Between...
This post provides an analysis of 203 cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. Part I presented statistics on recognition and...
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New VIAC Selected Arbitral Awards Published Through the ITA Arbitration...
The Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC)’s Selected Arbitral Awards are intended to provide a unique and valuable insight into a diverse range of...
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Enforcing Interim Awards in Pakistan – Finality or Binding?
The pro-enforcement presumption is now well-established in Pakistan, where the doctrine continues to be regularly tested before the Pakistani courts. This blog post analyzes the latest developments...
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The Deutsche Telekom v India Saga: Multi-Jurisdictional Proceedings,...
Large arbitral awards have generally given rise to multi-jurisdictional post-award litigation (see Yukos). The Deutsche Telekom v India saga is a similar instance, with the Republic of India (“India”)...
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The ECtHR and the Recognition of International Arbitral Awards: The Court’s...
On 5 March 2024, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in Iliria S.R.L. v. Albania (“Iliria”), a case concerning a complaint under Article 6(1) of the...
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Angel Samuel Seda and Others v Colombia: New Pathways in the Application of...
One of the most contentious issues in investor-state dispute settlement (“ISDS”), leading to an extensive scholarly debate, and yet one of the least decided legal questions in arbitral practice is the...
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Delos GAP Symposium 2024: Evidence In Corruption Matters: How Much Is Needed?...
On 4 September 2024, Delos hosted the “Delos GAP Symposium 2024” at the Paris Arbitration Centre by Delos. The topic of this year’s symposium was “Corruption & International Arbitration”. After...
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