Commercial Arbitration
What happens when a party participates in an ICC arbitration for three years, files a counterclaim, and then turns to the Russian courts after an unfavourable development in parallel litigation? The Bombay High Court has provided an interesting answer. In Limited Liability Company EuroChem North-West-2 v Tecnimont S.
Commercial Arbitration
Can you take the benefit of a contract and leave its arbitration clause behind? The UK Supreme Court has delivered an important answer in The Kingdom of Spain v The London Steam-Ship Owners’ Mutual Insurance Association Ltd [2026] UKSC 36, handed down on 28 October. The dispute arose from
Commercial Arbitration
The English High Court has recently addressed this question in A, B, C & D v E [2026] EWHC 2590 (BP), in a decision worth noting for anyone dealing with the drafting and enforcement of arbitration agreements. The dispute arose out of a family-owned international business group. Certain family
Commercial Arbitration
Can an arbitration clause be concluded through WhatsApp? Yes. But does sending an invoice containing an arbitration clause, followed by a promise to pay, establish consent to arbitration? Not necessarily. In its judgment of 14 September 2026 (4A_237/2026), the Swiss Federal Supreme Court addressed precisely this question. The
Enforcement
The English Court of Appeal has delivered an interesting procedural judgment in the long-running Yukos enforcement litigation. In The Russian Federation v Hulley Enterprises Ltd & Ors [2026] EWCA Civ 1353, the Court ordered Russia to provide £975,000 in security for the respondents’ costs of the appeal. The
Investment Arbitration
The English Court of Appeal has just given an important answer. In Republic of India v Ras Al Khaimah Investment Authority [2026] EWCA Civ 1358, handed down on 22 October, the Court dismissed India’s appeal and upheld the finding that RAKIA’s investment claim fell within the arbitration clause
Commercial Arbitration
There are few things more interesting in international dispute resolution than a demand guarantee, a foreign injunction and two courts pulling in opposite directions. A recent decision of the English Commercial Court has produced a particularly good example. In Central Térmica de Temane SA v Banco Santander SA [2026] EWHC
Commercial Arbitration
Can you sidestep an arbitration clause by suing your counterparty’s affiliates? A recent decision of the Hong Kong Court of First Instance suggests that this is a risky strategy. In [2026] HKCFI 5453, Mimmie Chan J granted anti-suit injunctions restraining a party from pursuing proceedings in Mainland China
Enforcement
In DZD v DZE [2026] SGHC 199, the Singapore High Court delivered a timely reminder: commercial conduct may evidence consent, but it cannot simply be made to stand in for it. The dispute arose from a demurrage claim. The shipowner obtained an arbitral award against a trader, relying on a
Commercial Arbitration
An arbitral tribunal can reject your argument. It cannot decide a different one. That is the rather elegant lesson from the Hong Kong High Court’s recent decision in [2026] HKCFI 373. The case concerned an estoppel defence to the exercise of a contractual repurchase right. The distinction was decisive.
Enforcement
The latest chapter in Deutsche Telekom v. India is a useful reminder of where the line should be drawn. The U.S. District Court for the District of Columbia has confirmed Deutsche Telekom’s approximately US$132 million investment award, rejecting India’s attempts to resist enforcement under Articles V(
Enforcement
A recent judgment of the French Cour de cassation offers a useful reminder of a point that international arbitration practitioners sometimes learn the hard way: an award may be enforceable without being immediately enforceable. In its judgment of 1 October 2026, the Court considered enforcement proceedings brought against assets held