One of the most notable reforms is the new default rule that, in the absence of an express agreement between the parties on the law governing the arbitration agreement, it is the law of the seat that applies. The Act states...more
The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...more
The U.N. Human Rights Committee ruled in a watershed case that Australia has failed adequately to protect indigenous Torres Strait Islanders from the adverse effects of climate change....more
As the world recovers from the Covid-19 pandemic, rebuilding resilience and planning for the future have taken centre stage in 2022. The pandemic brought to the fore many human rights issues, creating new challenges and...more
BlackLion, a law firm, sued its former client, Amira, for breach of contract in relation to a retainer for a proposed bond issue. The High Court held that the words “subject to the completion of the Matter by 31 May 2017” in...more
Reminding us of the importance of the literal meaning of the words, the Court of Appeal interpreted the phrase “any other rate” in a pension increases rule to mean simply “any other rate, whether higher or lower”. It...more
The High Court rejected an application by the Republic of Korea to set aside an investment arbitration award under s67 Arbitration Act 1996. In deciding that the arbitrators had substantive jurisdiction, Butcher J scrutinised...more