Clifford Chance
Stay up to date with international arbitration developments from around the world.
-
An update on early determination procedure in LCIA arbitration
One of the most significant developments in the latest Rules of Arbitration of the London Court of International Arbitration (LCIA) that took effect on 1 October 2020 (the LCIA Rules 2020) was the introduction of an early determination procedure.
Sachin Trikha Partner 2 March 2023
Read more
-
Japan makes changes to arbitration and mediation regimes to improve dispute resolution landscape
Long-awaited changes to Japan's framework for dispute resolution were passed by the Diet on 21 April 2023. In addition to making changes to its arbitration law, Japan has also implemented legislation to implement the United Nations Convention on International Settlement Agreements Resulting from Mediation (the "Singapore Convention").
Peter Harris Partner 1 May 2023
Read more
-
Balancing the interests of investors and States on the path to clean energy: investment protection and recourse to arbitration
197 Governments (and the European Union) have ratified or acceded to the Paris Agreement, pledging to pursue efforts to limit the global temperature rise to 1.5°C above preindustrial levels. To meet the 1.5°C target, international action will have to bring about a clean energy transition that is unprecedented in scale and opportunity.
Jessica Gladstone Partner 18 May 2023
Read more
-
Satellites and Space: using arbitration to resolve disputes in the new frontier
This article discusses the increasing potential for disputes arising from the exponential growth in, and commercialisation of, space-related endeavours. It follows that there is a need for an effective dispute resolution mechanism.
Julia Dreosti Counsel 16 May 2023
Read more
-
Indian arbitration – one step forward, one step back
Over the past decade, India has sought to revitalise its commercial dispute resolution landscape. In particular, it has promoted arbitration as an alternative to litigation through legislative reform, the establishment of reputable arbitration institutions and fostering a pro-arbitration culture. Yet along with substantial progress, there is a continued tendency for the courts to issue decisions which threaten to act as roadblocks on the path to India's desired status as an arbitration hub.
Nish Shetty Partner, Clifford Chance Asia* 27 June 2023
Read more
-
English court rejects Spain's immunity challenge to recognition of ICSID award
In Infrastructure Services Luxembourg SARL v Kingdom of Spain the English Commercial Court rejected an application by Spain to set aside an order for registration of an ICSID award pursuant to the Arbitration (International Investment Disputes) Act 1966.
Christina Cathey Schuetz Senior Associate 28 July 2023
Read more
-
Guide to arbitration of disputes relating to cryptoassets and smart contracts
With arbitration fast becoming the dispute resolution option of choice in the crypto sector, we have authored a guide to its use and the specific issues that can arise.
Sam Brown Senior Associate 16 August 2023
Read more
-
Law Commission's final proposals for updates to Arbitration Act 1996
The Law Commission has released its final report on the Arbitration Act 1996 (the Act), setting out its proposals for limited reforms in a draft arbitration bill (the Draft Bill).
Benjamin Barrat Senior Associate Knowledge Lawyer 8 September 2023
Read more
-
Supreme Court guidance on "matters" falling within scope of an arbitration agreement
The Supreme Court has handed down a key judgment in relation to the circumstances in which, pursuant to section 9 of the Arbitration Act 1996, a party can obtain a stay of proceedings in respect of a "matter" to be referred to arbitration under an arbitration agreement.
Marie Berard Partner 13 October 2023
Read more
-
Decommissioning disputes: how to mitigate risks as we transition to renewable energy
Decommissioning of ageing fossil fuel assets is on the rise globally. It is an important part of energy transition, but is often a complex, costly, and risky business, especially in the offshore sector, with a high potential for disputes. This blog examines some of the risks associated with decommissioning and provides guidance on mitigating those risks.
Pat Saraceni Director, Litigation and Dispute Resolution 24 November 2023
Read more
-
A Welcome Step in the Right Direction for Disability Inclusion in International Arbitration
Inclusion in international arbitration has rightly been a focus in recent years. However, there has been little focus on disability inclusion until now.
Melissa Hollenders-Brown Senior Associate 1 December 2023
Read more
-
Dutch Court declines jurisdiction in light of valid arbitration agreement in unsigned underlying contract
The Amsterdam District Court recently ruled that it lacked jurisdiction over a Dutch company due to the existence of a valid arbitration agreement in an unsigned underlying contract.
Juliette Luycks Senior Counsel 16 November 2023
Read more
-
Indian Supreme Court relieves stamp duty headaches on arbitrator appointments
A seven-judge bench of the Indian Supreme Court has ruled that arguments that an agreement is not sufficiently stamped do not impede the appointment of a tribunal in India-seated arbitration proceedings. The decision overrules a controversial ruling by a five-judge bench of the same Court in April 2023 (which we reported on in a previous briefing), which had threatened to block up arbitral appointments under the Indian Arbitration Act and create headaches for arbitral institutions.
Dilshaan Gill Associate, Clifford Chance Asia* 24 January 2024
Read more
-
Compensation Mechanisms and Investment Protection in the context of the Russian War on Ukraine
As we are approaching the second anniversary of Russia's invasion of Ukraine, the amount of damage suffered increases daily. As of November 2023, the overall damages and the costs of reconstruction is estimated at USD 400 billion. Thereby, economic resilience and development remain critical for Ukraine. This post briefly overviews the key recent developments and available mechanisms for compensation of damages suffered as a result of Russia's full-scale invasion and investment protection available for international investors.
Olga Hamama Counsel 30 January 2024
Read more
-
Moving towards an International Legal Order: Transnational Issue Estoppel in The Republic of India v Deutsche Telekom AG
In the recent judgment of The Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10, the Singapore Court of Appeal held that, as a matter of Singapore law, the doctrine of transnational issue estoppel applies in the context of international commercial arbitration. Its effect is to prevent parties from parties to a prior decision of the seat court, in certain circumstances, from re-litigating points that were previously raised and determined.
Matthew Brown Senior Associate, Clifford Chance Asia* 6 February 2024
Read more
-
New arbitration institution, arbitrateAD, launches in Abu Dhabi
The options for contracting parties looking to refer disputes arising under their contracts to arbitration within the United Arab Emirates continue to develop with the opening of arbitrateAD on 1 February 2024.
Victoria St-Amour Senior Associate 6 February 2024
Read more
-
UK national grid connection queue management reforms and the use of arbitration
Developers must proactively manage disputes arising from modifications to the rules governing connections to the UK national transmission grid, which introduces a new 'queue management' process.
Sam Brown Senior Associate 4 March 2024
Read more
-
Singapore High Court orders production of documents in connection with enforcement of an arbitral award
In DFD v DFE [2024] SGHCR 4, the Singapore Court ordered a party seeking to enforce an arbitral award to produce documents to a party resisting enforcement of that award. While the enforcement of an arbitral award is often thought of as a mechanical exercise with little room for judicial probing, the case demonstrates that it in appropriate circumstances it may be possible to apply for production of documents relevant and material to the grounds raised to resist enforcement of or to set aside an arbitral award.
Kenneth Tay Senior Associate, Clifford Chance Asia* 15 April 2024
Read more
-
Indian Supreme Court takes a strong stand on delays in enforcing foreign arbitral awards
In the recent judgment of Avitel Post Studioz Limited & Ors. v. HSBC PI Holdings (Mauritius) Limited the Indian Supreme Court dismissed a challenge to the enforcement of a 2014 SIAC arbitral award obtained in Singapore. The decision is a strong endorsement by the Indian courts of the need to adopt international standards in arbitration, but also recognises the "arduous struggle" which award creditors can face when seeking to enforce an award in India.
Romesh Weeramantry Special Counsel 23 April 2024
Read more
