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Australian High Court on Functus Officio and De Novo Review of Arbitration Awards
The High Court of Australia’s ruling in CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28 marks a significant development in the jurisprudence surrounding the finality of arbitral awards and the extent to which courts can intervene in arbitral proceedings. This decision centers on whether an arbitral
War Series: Civil War and Force Majeure in Global Construction
The arbitration between Ermir İnşaat Sanayi ve Ticaret A.Ş. and Biwater Construction Ltd., adjudicated by a sole arbitrator under the ICC Arbitration Rules, offers several critical lessons for construction companies operating in regions vulnerable to civil unrest. This case, which revolved around a construction project in Libya that was
War Series: Defining ‘War’ in Arbitration Awards and NATO Operations (Kosovo)
The arbitration award referenced in the UK Court of Appeal judgment [2002] EWCA 1878 delves deeply into the meaning of ‘war’ as interpreted by arbitration tribunals and its implications for contractual obligations. This award, rendered by a distinguished panel of arbitrators, underscores the nuanced approach that arbitration tribunals take
Dubai Courts on Criminality of Unlicensed Virtual Asset Operations
In a recent decision by the Dubai Court of Appeal, Judgment No. 829 of 2023, the court identified the criminal conviction of a former employee who was found guilty of both embezzling funds and engaging in virtual asset service activities without obtaining the necessary license from the relevant regulatory
Dubai Courts Confirm Employment Salaries are Payable in Cryptocurrency
In a significant evolution of the UAE judiciary’s approach to cryptocurrency, the Dubai Court of First Instance has made a landmark ruling in 2024, effectively recognizing the payment of salaries in cryptocurrency under employment contracts. This decision, rendered in case number 1739 of 2024 (Labour), represents a notable departure
Taxpayer Victory: Abu Dhabi Court Allows Recovery of VAT from Non-Compliant Suppliers
In a recent judgment by the Abu Dhabi Cassation Court, the UAE judiciary has delivered a crucial ruling that has significant implications for taxpayers across the country, particularly concerning the longstanding controversies surrounding Value Added Tax (VAT) refunds. This decision, encapsulated in Judgment No. 648/2024 issued on August 8,
Dubai Primary Court 1024/2024: Evidence Requirements and Director Accountability in Cryptocurrency Claims
Introduction As the UAE courts increasingly face cases involving cryptocurrency transactions, it becomes essential to understand the legal complexities and the critical need for robust evidence. The Dubai Primary Court’s recent judgment in case number 1024 of 2024, issued on 21 May 2024, underscores this necessity. This article examines
War Series: When Geopolitics Meets Arbitration in the UTI vs. Iran Case
In the arbitration case United Technologies International, Inc. v. Islamic Republic of Iran, the Tribunal faced a complex dispute arising from the Iranian Revolution and subsequent geopolitical upheavals. At the heart of the matter were helicopter components that Iran Helicopter Support and Renewal Company (IHSRC) had shipped to United
War Series: Arbitration and the Tax on War Profits
On 15 June 1922, Gustave Ador rendered a significant arbitration award regarding the applicability of a tax on war profits, a decision that resonates through the corridors of international arbitration to this day. This case, arbitrated between the French and Spanish governments, addressed whether Spanish nationals residing in France
War Series: The 1923 Arbitration on War-Risk Premiums
The case of War-Risk Insurance Premium Claims presented a unique challenge for the United States-Germany Mixed Commission. At its core, it revolved around whether premiums paid by American companies for war-risk insurance during World War I could be recovered from Germany. These premiums were for protection against potential war
War Series: Exhaustion of Remedies in Lessons from the Finnish Shipowners’ War-Time Arbitration
In the early 1930s, the arbitration case between Finnish shipowners and the British government over the use of certain Finnish vessels during World War I provides a rich field of study in international arbitration and the local remedies rule. This case, adjudicated in Stockholm, raises fundamental questions about the
Stopping Tax Enforcement in the UAE: Recent Court Judgment Guidance
The enforcement of tax payment orders issued by the Federal Tax Authority (FTA) in the UAE can often lead to court enforcement applications by the FTA to seize assets of delinquent taxpayers. The federal primary court in Abu Dhabi executes FTA applications to enforce tax debts. When a taxpayer
Dubai Landmark Judgment on the Requirement for Signature of a Dissenting Arbitrator
The recent ruling in Case Number 11 of 2024 by the Dubai Court of Appeal, issued on 29 April 2024, sets a pivotal precedent regarding the requirement for the signature of a dissenting arbitrator. This judgment reinforces the principles outlined in the arbitration law, emphasizing the integrity and robustness
Subpoenas in Arbitration in Australia: Recent Guidance by the Supreme Court of Victoria
In the recent decision of Carlisle Homes Pty Ltd v Schiavello Construction (Vic) Pty Ltd [2024] VSC 283, Justice Croft of the Supreme Court of Victoria has provided a critical judgment that underscores the principles governing the issuance of subpoenas in the context of commercial arbitration. This ruling, delivered on
Landmark Ontario Superior Court of Justice Ruling on Arbitration Agreements and Unforeseeable Ground Conditions in Construction (CCDC)
The recent decision in The Trustees of the Knox Presbyterian Church Manotick v. Oakwood Designers & Builders Inc. issued by the Ontario Superior Court of Justice on 10 June 2024 provides a compelling examination of arbitration agreements and the interpretation of construction contracts. Justice Corthorn’s ruling addressed critical issues related
Understanding Tax Group Liability: Key Lessons from Recent Dubai Court Cases
In recent years, the intricacies of liability among members of tax groups have become increasingly relevant in commercial dealings. Several judgments from the Dubai Courts provide profound insights into this subject, highlighting the nuanced interpretations and applications of the law. This article delves into three pivotal cases, underscoring the
Abu Dhabi Court’s Landmark Decision: No Tax Invoice, No Tax Claim
The ruling No. 229 of 2024 by the Court of Cassation in Abu Dhabi on 04 April 2024 sets a new precedent regarding the necessity for taxpayers to provide tax invoices to claim tax debts from debtors. This judgment underscores the importance of adhering to formal documentation requirements in
DIFC Court of Appeal Affirms Enforceability of Foreign Interim Arbitral Awards (Neal v Nadir)
First published on LexisNexis on 04 June 2024 at: https://www.lexisnexis.co.uk/legal/news/difc-court-of-appeal-affirms-enforceability-of-foreign-interim-arbitral-awards-neal-v-nadir Mini-summary In the case of Neal v Nadir [2024] DIFC A 001, the Dubai International Financial Centre (DIFC) Court of Appeal upheld the enforceability of foreign interim arbitral awards, reinforcing the DIFC’s commitment to arbitration and international legal standards.
Impact of the U.S. Supreme Court overturning of the Chevron Doctrine on Commercial Space Regulation
In 1984, the Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. decision established the Chevron Doctrine, a cornerstone of administrative law in the United States. This doctrine directed courts to defer to federal agencies’ reasonable interpretations of ambiguous statutes. Its influence extended across various sectors, including emerging fields
Dubai Appeals Court Upholds Compensatory Damages for Cryptocurrency Embezzlement
Brief In Dubai Appeals Court appeal no. 27/2024, the appeals court upheld a decision awarding punitive damages in a case of cryptocurrency embezzlement. The case highlights the judiciary’s stance on financial crimes in the digital currency space, detailing the interaction between criminal and civil liabilities. Facts The plaintiff initiated a
Ontario Court of Appeal Clarifies the Bounds of ‘Constructive Fraud’ in Arbitration Awards
Brief The Ontario Court of Appeal’s decision in Campbell v. Toronto Standard Condominium Corporation No. 2600, 2024 ONCA 218 critically examines the conceptual boundaries of “fraud” within the ambit of the Arbitration Act, 1991. At the heart of this deliberation is whether “constructive fraud” falls under the legislative framework’s definition
NSW Supreme Court Enforces Arbitration Despite Waived Preconditions in Icon SI v. ANSTO
Brief In the pivotal case of Icon Si (Aust) Pty Ltd v Australian Nuclear Science and Technology Organisation [2024] NSWSC 324, the Supreme Court of New South Wales rendered a decision that emphatically underscores the judiciary’s commitment to enforcing arbitration clauses within commercial contracts. The case arose from a dispute
Is the UAE having a Geopolitical Golden Goose Moment?
The UAE is booming at a time when many developed economies are having a very troubled patch. Residential property sales saw a 29% sales increase in ’23 with prices on average up 20%. Office demand exceeds supply – and the Dubai International Financial Centre saw a year-on-year rental rate increase
U.S. LNG Exports: A Catalyst for Geopolitical Shifts and Terminal Agreement Disputes
The U.S. LNG Export Boom: A New Energy Landscape The U.S. has become the largest exporter of liquefied natural gas (LNG), driven by significant infrastructure development and advances in natural gas extraction. This growth has led to debates about environmental sustainability, economic effects on communities, and how this aligns with
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