Life sciences globalization fuels new developments in international arbitration
When award creditors for investor-state arbitrations think of an asset tracer’s arsenal of tools for enforcement of their awards, they may immediately think of chasing assets held by the state such as high-value properties, a...more
Many readers will be familiar with the Spanish renewables saga which centers on changes made by Spain to a renewable energy support scheme in 2007, which led to over 50 investment treaty arbitrations, including a number...more
The Fifth Circuit and the Federal District Court of Connecticut have issued conflicting decisions on whether service providers may sue to enforce arbitration awards under the No Surprises Rules in the Consolidated...more
In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an...more
Congress enacted the No Surprises Act (NSA) to protect patients from unexpected medical bills. A central pillar of the NSA is its independent dispute resolution (IDR) process, under which payers and providers can submit...more
On June 5, 2025, the Supreme Court issued its unanimous opinion in CC/Devas (Mauritius) Ltd. et al. v. Antrix Corp. Ltd. et al. (605 U.S. ___ (2025)), holding that personal jurisdiction exists over an enforcement action...more
In 周惠明 v 挪信新能源科技 ( 南通 ) 有限公司 [2025] HKCFI 1503h, the Hong Kong Court of First Instance ordered (a) that worldwide Mareva injunctions be continued, and (b) that interim receivers be appointed over the assets of the respondent...more
In a landmark victory for the Republic of India, the Commercial Court has held that India did not waive its state immunity in relation to the enforcement of two bilateral investment treaty awards solely by reason of its...more
The concept of transnational issue estoppel is well established under English law. Until recently, English courts had not yet had occasion to consider whether transnational issue estoppel could apply in the context of the...more
The Singapore International Arbitration Centre’s (SIAC) latest edition of its Arbitration Rules came into effect on 1 January 2025 (SIAC Rules 2025). This is the seventh iteration of the rules and replaces the SIAC Rules 2016...more
As all eyes focus on peace talks and the future of the Russia/Ukraine conflict, Russia recently suffered another defeat in the long running Yukos saga, with the English Court of Appeal confirming that Russia could not invoke...more
The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more
The High Court’s recent decision in Djanogly v. Djanogly [2025] EWHC 61 (Ch) is a rare example of a successful challenge to an arbitration award under s.68 of the Arbitration Act 1996. It also highlights a feature of...more
We all know that federal courts are courts of limited jurisdiction. What does that mean in the arbitration context? Something new as of March 31st! Federal courts do not have stand-alone jurisdiction to hear any...more
The recent judgment in John Hall v Saunders Law Limited & Others considers the extent of the duties (if any) owed by solicitors conducting funded litigation to those funders, and emphasises the importance of careful drafting...more
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
It’s hard to find something positive these days to write about Venezuela. Some basic facts tell the story of the misery there. Consumer prices this year might rise one million percent. The minimum wage was increased by...more
The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued simultaneous proposals to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The Executive Order, signed last July,...more