Legal News

Kat Yue Construction Engineering Ltd, plaintiff, and Fai Lee Construction ( H. K.) Ltd, defendant [2025] HKCFI 3298 What are the practical implications of this case? This ruling offers practical guidance on how the court decides which dispute resolution mechanism governs where a pre‑existing contractual arbitration clause conflicts with, or cannot be reconciled with, any dispute resolution term found in a later settlement agreement, including later settlements containing different dispute provisions. The orthodox principles supporting a stay in favour of arbitration under s 20 AO Cap.609 remain in point. Interpreting the documents in a commercially minded way, the court will examine the character of the claim and single out the contract that bears the closest connection with the dispute and the claim, that is, the dispute’s centre of gravity. At §28, the court reiterated that the task is a careful and...

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 Freezing order discharged due to failure to serve arbitration claim form At the return hearing for a without-notice worldwide freezing order ( WWFO) in AAA v BBB (a company incorporated and registered in Curaçao) [2025] EWHC 1647 ( Comm), High Court examined the effect of the service period for the arbitration claim form having expired before the WWFO was granted. The court concluded claimant had not taken all reasonable measures to serve the claim form within the one‑month deadline. As a result, the conditions for granting a retrospective extension of time for service were not satisfied. Accordingly, the WWFO was discharged by the court on the return...

International tennis authorities are, say the PTPA and the players, improperly seeking to scuttle the proposed antitrust class action by moving to drop the players’ co-plaintiff, the Professional Tennis Players Association ( PTPA), and by pressing the court to consign the matter to arbitration. Those arguments appear in two briefs filed on 28 August 2025 by the PTPA and the players. The case was initially brought on 18 March by six men and six women players, with the PTPA later joining; the union, established in 2019, counts as co-founder and lead plaintiff the Canadian tennis veteran Vasek Pospisil. An amended complaint dated 24 June lists as co-defendants the Association of Tennis Professionals’ ATP Tour Inc and the Women’s Tennis Association’s WTA Tour Inc. On 31 July, the ATP and WTA tours asked the court to dismiss the union from the claim,...

Scope and purpose of the CIArb Guideline The CIArb Guideline is presented as a non-binding soft law instrument and is explicitly intended to apply to international arbitration proceedings, whether conducted ad hoc or administered by institutions. It provides practical direction on the responsible deployment of AI Tools, aiming to safeguard procedural fairness, ensure equality between the parties, and help preserve the integrity of the overall process. Part I— Benefits, risks, and definitions Part I establishes the framework for appreciating how AI might influence arbitral practice and procedure. It first highlights potential advantages (1.1–1.10), among other things, including greater efficiency, reduced costs, improved consistency in legal research, and assistance with procedural and administrative tasks within the process. At the same time, it recognises risks linked to AI use (2.1–2), such as lack of transparency, bias, data security issues, and the prospect of...

Booming investment and energy incentives may lead to investor-state disputes Data centres have long underpinned cloud storage, streaming platforms and the broader digital economy, yet AI is now propelling extraordinary demand for larger and more capable facilities. The US hosts the greatest number of hyperscale data centres—‘hyperscalers’ used by major tech giants such as Microsoft, Google, Meta and Apple—for intensive compute and storage, and US demand is forecast to more than triple between 2024 and 2030, requiring upwards of US$500bn in capital. However, although the US sets the pace, most fresh deal-making for data centres is occurring beyond its borders as operators hunt for cheaper land and reliable, low-cost power. Leading development hotspots include Asia- Pacific nations like India, Malaysia, Thailand and Vietnam, alongside rising markets across the Middle East, Africa and Latin America. In Africa, for instance, the Bharti group is building its first...

What are the practical implications of this case? General procedural provisions that preserve a court’s inherent power to secure substantial justice—such as Section 151 of the Code of Civil Procedure—do not authorise courts to intrude upon arbitral processes when the arbitration statute states otherwise. The bench clarified that the Indian Arbitration Act operates as a complete, self-contained framework governing arbitral conduct, thereby by implication displacing recourse to broader procedural law. What was the background? Proceedings were commenced to refer disputes arising from a signed family settlement deed to arbitration, during which a non-signatory sought the court’s leave to take part in the arbitration. The controversy did not impinge upon that non-signatory’s rights under the deed, and any eventual award would not have imposed obligations upon him. The High Court therefore declined the non-signatory’s request to join, while sending the disputes to arbitration between the two deed...

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 ( Soc Gen) and ING Bank ( ING) (the Banks) in favour of Euro Chem North-...

Eletson Gas LLC v [ A Ltd] and others [2025] EWHC 1855 ( Comm) What are the practical implications of this case? The judgment underscores several concrete consequences for those involved in cross-border arbitration. Chief among them, it confirms that a foreign award cannot be relied upon in English proceedings unless and until it is recognised under the Arbitration Act 1996 ( AA 1996). Moreover, such recognition is unavailable where the court at the seat has stayed enforcement, notably where a fraud challenge is on foot. The decision illustrates the English courts’ readiness to yield to the supervisory courts and, here, to the US Bankruptcy Court as well, affirming that insolvency processes have worldwide reach and cannot be sidestepped by pursuing recognition in another forum. It further emphasises the constraints of the common law: arbitral awards are not admissible as proof of facts in...

CNG Applicant and G 1st Respondent G 2nd Respondent SIL 3rd Respondent [2025] HKCFI 3598 What are the practical implications of this case? This ruling matters because it confirms the demanding bar for disqualifying arbitrators in Hong Kong and places that approach within a settled body of precedent. To begin, the court restated that the touchstone for apparent bias remains the ‘real possibility’ standard from Porter v Magill [2002] 2 AC 357, as adopted locally in Jung Science Information Technology Co Ltd v ZTE Corporation [2008] 4 HKLRD 776. Justice Chan underlined that firm case management, interruptions, or terse comments do not suffice. That position aligns with Helow v Secretary of State for the Home Department [2008] 1 WLR 2416 and Johnson v Johnson (2000) 201 CLR 488, which both make clear that resolve or impatience is not the same as bias....

Woodhouse Investment Pte Ltd and West Cumbria Mining ( Holdings) Ltd v UK, before the High Court of England and Wales, marks a genuinely pivotal point in the UK’s engagement with investment treaty arbitration. This development highlights a wider truth: treaty safeguards no longer belong only to investors in developing economies. Even mature rule‑of‑law states may now have to justify highly contentious policy choices before international arbitral panels. Background of the dispute The arbitration arises from the proposed Woodhouse Colliery in Whitehaven, Cumbria—the first deep coal mine in the UK for decades. Backed by West Cumbria Mining and reportedly majority‑owned by Singapore‑based Woodhouse Investment, the scheme aimed to supply metallurgical coal for steelmaking. The proposal swiftly proved divisive. Following years of consultation, government consent was issued in 2022. Two years later, the High Court in Friends of the Earth Ltd v Secretary of State for...

AAA v BBB (a company incorporated and registered in Curaçao) and other companies [2025] EWHC 1647 ( Comm) What are the practical implications of this case? This judgment serves as a pointed caution to arbitration practitioners who intend to enlist the English courts: strict and prompt observance of the Civil Procedure Rules is essential. Under CPR 62.4(2), an arbitration claim form must be served within one month of issue, and, as the court emphasised, compliance with that period is jurisdictional. The compressed timetable can cause real difficulties for claimants, notably where, as here, the often protracted steps for service out of the jurisdiction must be navigated, and/or where a claimant also seeks a without notice WWFO and wishes to avoid tipping off the defendant by serving the claim form before the application is determined. Exact adherence to the CPR timeframe is therefore not merely...

In this issue: Arbitration in England & Wales International arbitration Institutional and ad hoc arbitration Investment treaty arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales Commercial Court upholds arbitrator appointment; US award not recognised The Commercial Court delivered a section 32 Arbitration Act 1996 ruling on whether an arbitrator had been properly appointed. The central dispute set the 9th–10th defendants against the 4th–8th defendants over control of the claimant, with ancillary procedural clashes arising from rival arbitration nominations. The court held that the 9th–10th defendants could not rely on a United States arbitral award (the JAMS award) because it had not been recognised in the United Kingdom and remained subject to ongoing fraud-related proceedings before US courts. It was therefore...

What are the practical implications of this case? The ruling brings welcome and much-needed certainty for arbitration practitioners in the UAE. Before this ruling, parties encountered divergent practices: some UAE courts demanded that arbitrators sign the dispositive section, the reasons, and/or every page of the award, even though the Federal Arbitration Law No 6 of 2018 (as amended) (the ‘ FAL’) imposed no such stipulation. By contrast, other conflicting judgments accepted that a single signature on the last page was sufficient. The Committee’s alignment with the latter view removes doubt and promotes consistent implementation across the various Emirates. Although the UAE judiciary does not follow a precedent-based system, the Committee’s role is to craft unified judicial principles that improve predictability. It is therefore reasonable to expect that the courts will adhere to this outcome. Practitioners may now advise clients that arbitral awards endorsed solely on the...

( Kingdom of Spain v Blasket Renewable Investments, LLC et al , No. 24-1130, US Supreme Court) ‘ Shallow and stale’ Respondent Blasket Renewable Investments LLC, assignee of rights under an International Centre for Settlement of Investment Disputes ( ICSID) award initially granted in favour of Dutch investors AES Solar Energy Coöperatief UA and Ampere Equity Fund BV, submits in its brief that the high court need not consider Spain’s contention that the ECT is ‘void ab initio’ under EU law. It contends the District of Columbia Circuit US Court of Appeals rightly determined, in the ruling under review, that Spain relinquished sovereign immunity under the arbitration exception of the Foreign Sovereign Immunities Act ( FSIA), 28 USC § 1605(a)(6), and consented to arbitrate with EU investors by virtue of its entry into the ECT ( Next Era Energy Global Holdings BV, et al v...

In this issue: International arbitration Institutional and ad hoc arbitration Sector-and industry-specific arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information International arbitration Four international arbitration trends to watch—midyear report With 2025 now past the halfway mark, international arbitration practitioners are tracking how climate change, geopolitical fault lines, and procedural as well as other innovations continue to shape cross-border dispute resolution. See News Analysis: Four international arbitration trends to watch midyear report... India—arbitrator’s non-disclosure and interim relief in foreign-seated arbitration The Delhi High Court has issued an anti-arbitration injunction in Engineering Projects ( India) Ltd v MSA Global LLC ( Oman), staying ICC proceedings seated in Singapore after an arbitrator failed to disclose a prior appointment by the opposing party’s chairman. Justice Purushaindra Kumar Kaurav, sitting as a learned Single Judge, ruled that the...

Yukos Capital Ltd (f/k/a/ Yukos Capital S.à.r.l.), v The Russian Federation, F. Supp.3d ( D. D. C. 2025) What are the practical implications of this case? This ruling bears notable consequences for forthcoming proceedings, chiefly because it clarifies how the FSIA operates and how courts handle enforcement of international arbitral awards against sovereigns. The court confirmed that an arbitration clause together with an award rendered under a treaty is sufficient to invoke the FSIA’s arbitration exception. Crucially, this remains true even if the foreign state did not consent to arbitrate the particular dispute in question. That distinction matters: it stops states from rebranding merits-based objections to the arbitration as jurisdictional challenges, thereby constricting the routes by which sovereigns might evade enforcement. The court further made plain that whether a given dispute is arbitrable is not a jurisdictional issue under the FSIA. This...

Climate change Climate change and the energy transition will continue to shape cross‑border disputes through the rest of this year and beyond. In investor–state arbitration, the tension has emerged because governments find themselves caught between competing imperatives, notes Christina G Hioureas, global co‑chair of Foley Hoag LLP’s international litigation and arbitration department and chair of its United Nations practice group. On the one hand, states owe duties under international law on climate, including commitments in accords such as the Paris Agreement. On the other, investors are bringing claims over measures aimed at cutting greenhouse gas emissions, for example limiting conventional oil and gas developments and winding down coal‑fired generation. Illustratively, the UK was served this month with a claim constituting its first climate‑related investor‑state dispute and its debut before the International Centre for Settlement of Investment Disputes. Reports indicate the case concerns the setting aside of a...

Introduction Across the art sector, disagreements surface in many settings. Whether it is inheritance wrangles over rights in artworks, restitution demands, complex provenance questions, or efforts to trace and reclaim looted cultural objects, the case for robust dispute resolution is plain. In a trade where discretion, if not outright secrecy, matters greatly, those embroiled in conflict typically seek to shun publicity for many reasons, not least to safeguard the value of the piece concerned. Numerous art disputes have been decided by courts around the world. While the courts provide an obvious forum, privacy‑minded participants in the art market are not readily drawn to this method of resolution, for rather evident reasons. Against that backdrop, arbitration stands out as a notably useful and practical process. For market participants anxious to preserve discretion and protect asset values, a private forum that avoids public scrutiny holds clear...

US District Judge Margo K. Brodie’s 14 August 2025 Ruling On 14 August 2025, US District Judge Margo K. Brodie dismissed the claimants’ bid to overturn the clause in the arbitration agreement that assigns questions about the agreement’s scope to an arbitrator. She likewise rejected their contention that a term requiring mass claims to be 'batched' in sets of 100 was too opaque for users and prohibited by federal arbitration law. The court determined the claimants were attacking the arbitration agreement overall rather than the specific delegation provision. As a result, the delegation clause had to be regarded as valid and enforceable, with any issues of arbitrability to be resolved by an arbitrator, her decision explained. By way of illustration, the judge observed that the claimants had asserted the delegation clause was procedurally unconscionable because 'the arbitration clause is... riddled with internal...

An intergovernmental negotiating committee discussed the convention's second protocol, themed around prevention and resolution of tax disputes, during the second session of its project to draft proposals for the UN General Assembly's consideration in 2027, according to a livestream from the organisation's headquarters. A broad majority supported a flexible protocol designed as a menu, enabling states to opt in or opt out of particular provisions; however, many participants opposed adding arbitration as a method for settling tax disputes. An Indian delegate observed there is frequently 'a clear imbalance' in arbitration between the financial, legal and technical resources of multinational enterprises and those available to developing countries. In UN meetings, individuals are generally not named; instead, speakers are cited by the country or organisation they represent. According to India’s representative, this disparity places administrations with more limited administrative and technical capacity at a...