domestic arbitration meaning

LLC Eurochem North-West-2 and another company v Societe Generale S.A. and other companies [2025] EWHC 1938 (Comm) This is a highly important decision for practitioners dealing with international sanctions, as the court delivers a detailed examination of how EU sanctions interface with domestic sanctions authorities in such circumstances. It also provides an in-depth consideration of the notions of ‘ownership’ and ‘control’ for the purpose of sanctions, including where trust arrangements feature, which is not unusual when there is a link to a designated individual. The ruling is likewise of real assistance to those working with performance bonds and related trade finance instruments in the sanctions context. The background facts The relevant parties The dispute stemmed from six on-demand bonds (Bonds) issued in 2021 and 2022 by Société Générale (SocGen) and ING Bank (ING) (the Banks) in favour of EuroChem North-West-2 (EuroChem NW2), a Russian entity. The Bonds were issued under contracts between EuroChem NW2 and Tecnimont S.P.A (Tecnimont), an Italian engineering company, and its Russian affiliate...

Iran National Iranian Oil Company ‘NIOC’ v Crescent Gas Corporation Ltd and Crescent Petroleum Company International Ltd 200.323.344/01 What are the practical implications of this case? This decision turns on the doctrine of asymmetrical appeal in relation to the grant of exequaturs for foreign arbitral awards. Although determined under the Netherlands’ former arbitration statute, it is equally relevant under the current regime, as the pertinent rules are unchanged. To enforce an arbitral award in the Netherlands, a party must first secure recognition and leave to enforce (exequatur) from a Dutch court. For domestic awards, exequatur applications are usually routine and often proceed ex parte (ie without hearing the other party), whereas applications concerning foreign awards are more substantive and heard on a contested basis. Even so, as in many other jurisdictions and consistent with the New York Convention, the grounds on which a Dutch court may refuse an exequatur for a foreign award remain tightly confined. Only if the court declines the exequatur may the requesting party appeal...

The award directed Malaysia to pay over US$14.9 billion to the purported descendants of the former Sultan of Sulu, stemming from an 1878 pact concerning the northern reaches of Borneo. Scarcely any modern arbitral decisions have drawn comparable scrutiny, whether due to the magnitude of the sum or the antique provenance of the instrument invoked to ground jurisdiction. The ruling sits at the crossroads of bedrock themes in international arbitration: the necessity of sovereign consent, the legal ramifications of procedural flaws in the formation of arbitral tribunals, and the continuing oversight exercised by domestic courts. While French arbitration law is often seen as exceptionally supportive of arbitral independence, the Court of Appeal confirmed that such deference is neither unconditional nor oblivious to defects that strike at the legitimacy of the process, and it did so strictly within the confines of annulment review prescribed by the French Code of Civil Procedure...

This Practice Note reviews how courts in the Kingdom of Saudi Arabia (KSA, Saudi, Saudi Arabia) recognise and enforce both local and international arbitral awards under Saudi law. The relevant legal framework The Saudi Arbitration Law, promulgated by Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law), and grounded in the UNICTRAL Model Law on International Commercial Arbitration. Under Article 2, it governs arbitrations seated in Saudi Arabia, and also proceedings conducted abroad where the parties have designated the Arbitration Law as the governing law of the arbitration. The Implementing Regulations of the Arbitration Law, issued pursuant to Cabinet of Ministers’ decision number 541 on 22 May 2017 (the Implementing Regulations of the Arbitration Law). The Enforcement Law, enacted by Royal Decree No. M/53 dated 30 July 2012 (the Enforcement Law). The Implementing Regulations of the Enforcement Law, issued by Cabinet of Ministers decision number 526 on 9 November 2017 (the Implementing Regulations of the Enforcement Law). Saudi Arabia’s 1994...

This Practice Note reviews the availability of interim and/or emergency measures within, and in aid of, arbitration proceedings under the law of the Kingdom of Saudi Arabia (KSA, Saudi or Saudi Arabia). The relevant legal framework Saudi Arbitration Law, promulgated by Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law), based on the UNICTRAL Model Law on International Commercial Arbitration. The Arbitration Law applies to arbitrations seated in Saudi Arabia and, where the parties agree, to proceedings seated abroad as the governing law of the proceedings (Arbitration Law, Article 2) Implementing Regulations of the Arbitration Law, issued by Cabinet of Ministers’ decision number 541 on 22 May 2017 (the Implementing Regulations of the Arbitration Law) Enforcement Law, issued by Royal Decree No. M/53 dated 30 July 2012 (the Enforcement Law) Implementing Regulations of the Enforcement Law, issued by Cabinet of Ministers decision number 526 on 9 November 2017 (the Implementing Regulations of the Enforcement Law) Saudi accession to the New...

This Practice Note looks at the framework for recognising and enforcing international arbitral awards in Türkiye and, where appropriate, draws on case law... Applicable legislation Türkiye’s arbitration system, together with the rules on recognition and enforcement, is founded on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration 1985. The two principal instruments governing recognition and enforcement are the Convention on the Recognition and Enforcement of Arbitral Awards (the New York Convention) and the International Private and Procedural Law (IPL) No. 5718. The New York Convention took effect in Türkiye under Law No. 3731 in 1991 and since then has applied to recognition and enforcement applications brought in Türkiye. As an international treaty, the New York Convention prevails over domestic legislation pursuant to Article 90 of the Turkish Constitution. Türkiye has confined the New York Convention’s application to the recognition and enforcement of arbitral awards only: issued in a contracting state to the New York Convention, and concerning...