Legal News

In this issue: Arbitration in England & Wales International Arbitration Investment treaty arbitration Institutional and ad hoc arbitration Daily and weekly news alerts Useful information Arbitration in England & Wales Ex- Chelsea director scores FA arbitration in agent’s claim A London judge on 14 March 2025 accepted that a football agent’s commission dispute tied to the transfer of France international Kurt Zouma should fall within the Football Association’s remit. Deputy Judge David Quest KC held in the High Court that, by virtue of the FA rules, the quarrel brought by club introducer Saif Alrubie against Chelsea Football Club and ex-director Marina Granovskaia must be determined by arbitration rather than before the courts. See Law 360: Ex- Chelsea director scores FA arbitration in agent’s claim. International Arbitration Germany — the Federal Court of Justice confirmed the effectiveness of an...

Foreign judgments, the State Immunity Act 1978 and issue estoppel ( Hulley & Others v The Russian Federation) Hulley Enterprises ltd (a company incorporated in the Isle of Man) Yukos Universal Ltd (a company incorporated in the Isle of Man) Veteran Petroleum Ltd (a company incorporated in the Isle of Man) Claimants/ Respondents and The Russian Federation Defendant/ Appellant [2025] EWCA Civ 108 What are the practical implications of this case? The ruling confirms orthodox issue estoppel principles govern whether a state enjoys immunity, limiting parties’ opportunities to run the same point afresh across multiple forums and curbing repeat attempts to re-argue matters already determined elsewhere What was the background? A Netherlands-seated arbitral tribunal rendered awards against Russia in the claimants’ favour. Russia challenged the tribunal’s jurisdiction in the Netherlands and, in England, it opposed recognition and enforcement of the awards on grounds...

Deputy Judge David Quest KC decided in the High Court that, pursuant to the FA’s rules, the dispute involving football club introducer Saif Alrubie, Chelsea Football Club and former director Marina Granovskaia must be determined by arbitration instead of the courts. Judge Quest found that Ms Granovskaia had demonstrated that she and Mr Alrubie are bound by a Rule K arbitration agreement; that the current allegation of inducing breach of contract falls squarely within its ambit; and that Mr Alrubie has not established that the agreement is null, void, inoperative, or incapable of being performed. In September 2024, Mr Alrubie told the High Court that Ms Granovskaia—who for more than a decade acted as chief assistant to former Chelsea owner Roman Abramovich—had promised he would receive a commission if he identified a club prepared to pay at least €30m for Zouma’s...

Background and procedural history This dispute originates from an International Chamber of Commerce ( ICC) arbitration between two Indian companies. In 2005, Devas Multimedia, an Indian telecoms business, entered into a contract with Antrix, a state-owned enterprise, to deliver telephone and internet services to Indian users via government-owned Indian satellites. When Antrix brought the agreement to an end in 2011, Devas commenced an ICC arbitration seated in India and governed by Indian law, ultimately securing an award of US$562.5m—later accruing to US$1.3bn with interest. In September 2018, Devas applied to the US District Court for the Western District of Washington to recognise the award under the FSIA arbitration exception, which removes a foreign state’s immunity in proceedings to enforce an arbitral award against a foreign state, as defined in the FSIA, provided specified conditions are satisfied. Antrix sought dismissal of the...

In a six-page decision, emergency arbitrator Nicholas A. Gowen directed Wynn- Williams to halt promotion of her 400-page title, released on 11 March 2025 after a brief, limited media push. Gowen found that Meta had demonstrated a strong and credible likelihood of success on its contractual non-disparagement claim against Wynn- Williams, and that, without urgent relief, immediate and irreparable harm would follow. The emergency order further forbids Wynn- Williams from issuing any denigrating, critical, or otherwise harmful remarks about Meta Platforms Inc — owner of Facebook, Instagram, Whats App and other apps — and extends that prohibition to comments about Meta’s staff and leaders, its products, and the circumstances of her 2017 severance agreement. The ruling also compels Wynn- Williams to withdraw any disparaging statements she has made, and instructs her to cease publishing and distributing the book insofar as it lies within her...

At the High Court, Deputy Judge David Quest KC determined that under the FA’s regulations, football intermediary Saif Alrubie’s row with Chelsea Football Club and former director Marina Granovskaia must go to arbitration rather than be litigated in the courts, in this case. The judge concluded that Ms Granovskaia had demonstrated that she and Mr Alrubie are bound by the Rule K arbitration clause, that the current allegation of inducing a breach of contract falls squarely within its ambit, and, moreover, that Mr Alrubie has not established that the clause is null, void, inoperative, or incapable of performance. In September 2024, at that hearing, Alrubie told the court that Granovskaia — who also served for over a decade as chief assistant to ex‑ Chelsea owner Roman Abramovich — had assured him he would receive a commission if he could secure a club willing to pay at...

What are the practical implications of this case? German rules on standard terms are frequently faulted as excessively rigid and demanding, particularly in cross-border settings. Consequently, commercial contract writers commonly opt to disapply it. Paired with an arbitration clause, this carve-out is viewed by some arbitration specialists as an inventive way to sidestep the exacting content control set out in sections 305 to 310 of the German Code of Civil Procedure ( Zivilprozessordnung, ZPO). As a matter of substantive law, the approach remains contentious. Here, the applicant—also the claimant in the pending arbitration—asked the German Federal Court of Justice whether inserting that exclusion into the arbitration clause makes the arbitration as a whole inadmissible. The court decided that the arbitration clause stands, and that it is for the arbitral tribunal to rule on whether German...

Palmco Administration, Llc v Flower Payment, Inc, et al, No 23-7409, S. D. N. Y., 2025 US District Palmco Administration Llc, a New York-based energy supplier, provides electricity and natural gas in the United States ( US). In 2018, seeking assistance to enter Japan’s energy market, Palmco engaged Flower Payment Inc. Under their advisory agreement, Palmco lodged collateral of US$1,646,690.02. After later abandoning its Japan plans, Palmco executed a Membership Interest Purchase Agreement ( MIPA) with Flower and certain subsidiaries. The MIPA contemplated Palmco selling its Japanese subsidiary to Flower’s subsidiary, GQA Holdings Llc, for about US$1,048,000; in turn, GQA would return the collateral to Palmco, with Flower guaranteeing that obligation. Although the deal closed on 8 November 2019, the collateral was not returned. The MIPA contained an arbitration clause calling for disputes to be resolved under the International Arbitration Rules of the...

Global Voice Group SA v Republic of Guinea The February decision in Global Voice Group SA v Republic of Guinea bolsters Russia’s position that it never agreed to arbitrate Yukos lawsuit, which accused Russia of using sham tax-law allegations to break up the company, Russia stated in a notice of supplemental authority on 7 March 2025. In Global Voice, US District Judge Jia Cobb concluded court lacked jurisdiction to confirm a US$22m arbitral award against Guinea tied to a mechanism for taxing international telecommunications traffic, according to court filings......

In this issue: International Arbitration Investment treaty arbitration Institutional and ad hoc arbitration Daily and weekly news alerts New and updated content Useful information International Arbitration Hong Kong—court orders stay of court proceedings in dispute involving non-signatory to arbitration agreement The Hong Kong Court of First Instance, in Techteryx Ltd v Legacy Trust Company Ltd, ordered a stay of Hong Kong proceedings in favour of arbitration at the Singapore International Arbitration Centre ( SIAC). Her Ladyship, Madam Justice Mimmie Chan, found that the criteria for a stay under section 20 of the Arbitration Ordinance ( Cap. 609) were fulfilled. On a prima facie assessment, there was a sufficient basis for the non-signatory defendant to invoke the arbitration agreements, relying on the doctrines of agency and equitable estoppel under Delaware law, which governed those agreements. For detailed...

Vento Motorcycles, Inc. v The United Mexican States COA-23- CV-1332, Court of Appeal for Ontario What are the practical implications of this case? This decision sets out a clear, principled roadmap for how courts should deploy their authority to annul a commercial or investment‑treaty award when procedural unfairness is alleged under the Model Law, with a particular emphasis on the tribunal’s independence and impartiality. Although the existence of bias itself was not contested on appeal, the judgment furnishes guidance on avoiding compromise to a tribunal’s neutrality, including the scope of an arbitrator’s disclosure obligations. The Court of Appeal affirmed that arbitrators are ‘neither representatives of the party who appointed them nor required to protect and promote that party’s interests’, and thus ‘expected to comply with the same high standards of impartiality’ regardless of who appointed them. Parties, counsel, and arbitrators should note that the...

TECHTERYX LTD (suing on behalf of itself and Plaintiff the 1st Defendant) and LEGACY TRUST COMPANY LIMITED 1st Defendant CROSSBRIDGE CAPITAL ASIA PTE LTD 2nd Defendant ARIA COMMODITY FINANCE FUND 3rd Defendant TRUECOIN LLC 4th Defendant CHRISTIAN ALEXANDER BOEHNKE DE 5th Defendant LORRAINE- ELBEUF (also known as ALEX DE LORRAINE) [2025] HKCFI 787 What are the practical implications of this case? Pursuant to section 20 of the Arbitration Ordinance ( Cap. 609), which gives effect to Article 8 of the UNCITRAL Model Law, the Hong Kong court must suspend court proceedings in favour of arbitration where the dispute falls within an arbitration agreement, save where the agreement is held to be null and void, inoperative, or incapable of performance. The ruling provides another illustration that a stay can be granted even where parties who did not sign are bound by, or permitted to rely upon, the...

Novo Nordisk A/ S v KBP Biosciences Pte Ltd & Another [2025] SGHC( I) 3 What are the practical implications of this case? As with many arbitration statutes, the IAA aims to balance two objectives: enabling national courts to issue interim relief that supports arbitrations, while firmly upholding restrained judicial oversight. Section 12A embodies this equilibrium by stipulating that the Singapore court may grant such relief only where, and to the extent that, the arbitral tribunal—or any arbitral or other body or individual given authority by the parties for that purpose, including an emergency arbitrator—has no power or is, for the time being, unable to act effectively. The decision in Novo Nordisk underscores that section 12A is especially valuable when recourse to an emergency arbitrator is not realistically available, whether owing to the procedural posture of the request (for example, where an order is sought...

In this issue: Arbitration in England & Wales International arbitration Investment treaty arbitration Institutional and ad hoc arbitration Sector- and industry-specific arbitration Other arbitration and ADR-related news and developments Lex Talk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales Arbitration Act 2025 The Arbitration Act 2025 represents the most significant update to the UK’s arbitral regime since the Arbitration Act 1996. As the 1996 Act neared its thirtieth year, its foundational framework remained sound, yet targeted adjustments were considered essential to preserve London’s enduring pre‑eminence as the preferred global arbitration centre. For further insight, see Law 360: How 2025 Act refines the UK’s arbitral framework, written by Josep Galvez, a barrister at 4–5 Gray’s Inn Square Chambers and a former Spanish judge......

Consequently, the 2025 Act tracks shifting currents in arbitration, gathers together notable court-led developments and unveils focused reforms to boost procedural efficiency, enforcement and the powers of tribunals. Though the 2025 Act’s changes are incremental rather than radical, they tackle a number of persistent issues. New curbs on jurisdictional objections, the statutory footing for emergency arbitrators and the arrival of summary disposal are especially impactful. Notably, the new act settles the disputed governing law of arbitration agreements, strengthens arbitrator disclosure obligations and fine-tunes how arbitration interfaces with the courts. This piece reviews the principal features of the new act, setting them against the 1996 regime and assessing what they mean for commercial, investor-state and maritime arbitration. It closes by flagging the headline lessons for arbitration specialists, with a focus on procedural tactics and...

Barclays Bank plc v VEB. RF [2024] EWHC 2981 ( Comm) What are the practical implications of this case? The ruling confirms, as earlier cases have said, that satisfaction of the statutory conditions in section 32(2) of the Arbitration Act is a fact‑specific enquiry to be answered by reference to the case’s own circumstances. This was an unusual example where those conditions were met; the court observed that only a small number of section 32 applications have ever succeeded. A decisive factor was the parties’ agreement that the dispute had to be resolved with exceptional urgency. In that context, speed was better served by the court, rather than the tribunal, determining the tribunal’s jurisdiction. Although on this occasion the court was prepared to exercise its supervisory role over the arbitration, the decision highlights its general reluctance to intervene and stresses that any section 32 bid must clear a...

Libya v Nurol Insaat Ve Ticaret Anonim, French Supreme Court, First Civil Chamber, 12 February 2025, No. 22-11.436 What are the practical implications of this case? The decision carries concrete consequences. It confirms the independence of the arbitration clause in the investment arbitration context. It further explains that the lawfulness of the investment is a matter for the merits, not a question of jurisdiction, and that lawfulness does not affect whether the BIT applies; instead, it governs access to the BIT’s substantive safeguards for the investment. In short, the core practical points are: The autonomy of the arbitration agreement in investment arbitration is upheld; Whether an investment is lawful concerns the merits rather than jurisdiction; Lawfulness does not determine the BIT’s applicability, but conditions the benefit of its substantive...

What is emergency arbitration? Broadly speaking, urgent relief in arbitration is typically available only after the arbitral tribunal has been formed. This creates a window before constitution when a party may need urgent measures yet struggle to secure them in the arbitration itself—for instance, if the counterparty attempts to dissipate assets or transfer funds across borders prior to the tribunal being in place. In those scenarios, parties might conclude that their sole recourse is an application to a national court for such relief, where that route exists. For insight on the scope of interim and emergency remedies in courts at principal arbitration seats, see: AA 1996—interim and emergency measures—arbitration— England and Wales—overview. That said, parties to international construction contracts commonly adopt arbitration rules that include mechanisms for appointing emergency arbitrators before the tribunal is constituted to avoid this risk. The process is...

In this issue: Arbitration in England & Wales International Arbitration Sector-and industry-specific arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales Arbitration Bill receives Royal Assent, strengthening England and Wales as an arbitration hub The Arbitration Bill secured Royal Assent from His Majesty the King on 24 February 2025, and now takes effect as the Arbitration Act 2025. This targeted refinement of the Arbitration Act 1996 further consolidates London’s standing as a premier arbitration seat. See News Analysis: Arbitration Bill receives Royal Assent, strengthening England and Wales as an arbitration hub and LNB News 25/02/2025 7. Court of Appeal—final anti-suit injunction varied to avoid Russian court penalty In Uni Credit v Rus Chem Alliance [2025] EWCA Civ 99, the Court of...

Samuray v Asanov [2025] CSOH 16 What are the practical implications of the case? Practitioners should note the court’s method for addressing disputes of this kind. The two agreements were said to have been signed contemporaneously, with the SPA thereby incorporated into the SPLA. The Pursuer ( Claimant) argued that, as the SPA formed an integral element of the SPLA, a breach of the pertinent SPA provision constituted an event of default under the SPLA. The Defender ( Defendant) disputed that position. With reference to Fiona Trust and Holding Corporation v Privalov [2007] UKHL 40, the court assessed construction on the basis that rational commercial parties would wish any dispute arising from their relationship to be determined by the same tribunal, and that this assumption should prevail unless the language clearly evidences a different common intention. Although Fiona Trust dealt with...