Washington D.C.

Spain's EU Law Defence Rejected in Australian Award Ruling

Arbitration in Europe: new rules on third-party litigation funding

  On September 13, 2022, the European Parliament passed a resolution to propose a directive (the “Directive”) on the regulation of third-party litigation funding. Although not obvious at first sight, the Directive would also apply to arbitration procedures or other alternative dispute resolution mechanisms.[1] The European Parliament recognizes that, although third-party litigation funding is “virtually […]

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War Series: When Does Port Congestion Become ‘Restraint of Princes'? Lessons from Sanko Steamship v. Navios 1982 Arbitration

Highlights of the recently published ICSID 2022 Annual Report

  The International Centre for Settlement of Investment Disputes of the World Bank (ICSID) published its 2022 Annual Report on 14 October 2022. Highlights of the report include: 346 cases administered by ICSID, marking the largest number of cases ever administered at ICSID in a single fiscal year. A record 77 concluded cases, reflecting ICSID’s

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A New Gateway to Challenge UAE FTA Decisions Through Enforcement: Analysis of Judgment No. 1322 of 2024 (Supreme Court - Administrative)

2022 ICSID Arbitration Rules: Seven key takeaways

  On 01 July 2022, the 2022 ICSID Rules and Regulations for resolving international investment disputes came into effect. This is the first amendment to the ICSID Arbitration Rules since 2006 aimed at modernizing the ICSID procedures. Here we cover seven key takeaways: Key steps in ICSID procedures will require mandated case management conferences with

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War Series: Investment Protection Treaties in War for Investors in the Middle East (G�R?? v. Syria)

Lebanon Pushes for Activation of Medical Cannabis Law

  On 20 April 2020, the Lebanese Parliament passed a law permitting the cultivation, trade, research, and use of medical cannabis. As a result of multiple factors, including the socioeconomic health of the nation, progress on the legalization of the cultivation of cannabis has been stagnant in Lebanon. The law establishes an authority named the

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Dubai Courts Confirm Employment Salaries are Payable in Cryptocurrency

Are Arbitral Awards Truly Confidential: Recent Court Judgment Proves Otherwise

  Arbitration is a dispute resolution mechanism that enjoys a multitude of benefits and advantages; one of the prime benefits being the confidentiality that befalls the proceedings and the subsequent arbitral awards. This is because parties do not see any upside to the publicity as disputes do not look good. And no one wants the

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Supreme Court of Victoria Affirms Judicial Restraint in Arbitral Appeals

Investment Treaty Arbitration and USD 3 Billion in Taxes

  In 2007, Vodafone International Holding, a Dutch company, bought 100% of the shares of CGP Investments, a Cayman Island-based company, for USD 11.1 billion for the indirect control of 67% of Hutchison Essar Limited, an Indian company. The Indian tax department determined that the deal was designed to avoid capital gains tax in India,

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UAE Supreme Court Judgment on Constitutional and Sharia Limits of Tax Penalties

ICC Unveils the 2021 Rules of Arbitration: Adding More Gold to the Pot

  The ICC International Court of Arbitration is without a doubt the most preferred arbitral institution worldwide. The ICC Rules of Arbitration provide the greatest deference to party autonomy – allowing parties to arbitration the opportunity to select the arbitral tribunal – and offers a high level of flexibility, by implementing any procedural option chosen

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