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War Series: Recent Submarine Cable Attacks, the 1923 Cuba Submarine Arbitration, and Business Considerations
The global digital infrastructure relies heavily on a vast network of submarine cables, which carry approximately 95% of international data traffic. These undersea cables are the lifelines of modern communications, finance, and commerce. However, escalating geopolitical tensions in regions such as the Red Sea, the Hormuz Strait, and the
Landmark Ruling by Federal Court of Australia on Crypto Margin Extensions
In the recent case of Australian Securities and Investments Commission v Bit Trade Pty Ltd [2024] FCA 953, the Federal Court delivered a pivotal judgment that resonates deeply within the cryptocurrency industry. The court scrutinized the nature of Bit Trade’s “Margin Extension” product, ultimately finding that it constitutes a credit
Ontario Appeals Court on Arbitration Act Restricting Appeals of Arbitrator Appointment
In a recent decision by the Ontario Court of Appeal—Toronto Standard Condominium Corporation No. 2299 v. Distillery SE Development Corp., 2024 ONCA 712—the court tackled the thorny issue of appealing court-appointed arbitrators. This case serves as a stark reminder of the limitations imposed by arbitration legislation on court intervention and
War Series: Investment Protection Treaties in War for Investors in the Middle East (GÜRİŞ v. Syria)
The recent arbitration award in the case of GÜRİŞ and others v. Syria (ICC, Final Award, 31 August 2020) offers a timely reminder of the complexities businesses face when operating in conflict zones. As tensions rise in parts of the Middle East, understanding the obligations of host states under
Flying Fish 1, Mid-East War, Northern Sea Route, and Lessons from the Arctic Sunrise Arbitration
The world of maritime trade is no stranger to change, but recent events have stirred the waters in unprecedented ways. The Flying Fish 1, a 4,890 TEU container ship, has made headlines as the largest vessel of its kind to traverse the Arctic waters, charting a course from Europe
War Series: Sports (Basketball) Contracts and War as Force Majeure in Arbitration
The case Jarrell Isaiah Brantley v. Basketball Club Unics (BAT 1813/22) was an international sports arbitration introduced on April 19, 2022 and has since been concluded. The dispute was adjudicated under the Basketball Arbitral Tribunal (BAT), using the BAT Arbitration Rules 2022, with the seat of arbitration in Geneva.
Bitcoin Loans Upheld by the British Columbia Supreme Court
The recent judgment in Nguyen v. Tambosso (2024 BCSC 1551) is significant for its recognition of loans made in cryptocurrency, specifically Bitcoin, under standard legal principles of contract law. The Supreme Court of British Columbia unequivocally held that loans denominated in Bitcoin are enforceable and treated in the same manner
When Iran Sued NASA: A Lesson in Earnest Money and Space Launch Transactions
Few cases stand out as starkly as the Telecommunication Company of Iran (TCI) v. NASA. The case, heard by the Iran-US Claims Tribunal (IUSCT) in 1984 dealt with the often misunderstood concept of “earnest money” within the context of space launch negotiations. The case highlights the critical importance of understanding contractual
Supreme Court of Western Australia on the Limits of Expert Determination vs. Arbitration
The judgment in Silverstream SEZC v Titan Minerals Ltd from the Supreme Court of Western Australia shines a light on a vital and often misunderstood aspect of dispute resolution—the interaction between expert determination and arbitration. The case pivots around the refusal of a stay of proceedings sought by Titan Minerals
The Regulatory Void: Why Space Flight Suppliers Face Heightened Risks
As the commercial space flight industry continues to expand, the nature of liability within this domain presents challenges that are distinctly different from those faced in more established industries. While certain principles, such as the need for robust contracts and clear indemnification clauses, are universal, the specific hazards, regulatory requirements,
British Columbia Supreme Court on Court Applications Rendering Arbitration Agreements Inoperable
In the recent case Montaigne Group Ltd. v. St. Alcuin College for the Liberal Arts Society, 2024 BCSC 1465, the Supreme Court of British Columbia examined the interaction between court applications and the enforceability of arbitration agreements. The court’s findings provide significant insights into how actions taken in court can
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