Investment Arbitration
When a State has two governments, who gets to arbitrate? The D.C. District Court has just given a remarkably pragmatic answer in Air Canada v. Venezuela. The case was never really about aviation: it was about something far more fundamental — whether an arbitral award becomes unenforceable because the “wrong”
Commercial Arbitration
How much jurisdictional error is enough to stop an arbitration? One of the less glamorous — but more consequential — questions in arbitration is not simply who decides jurisdiction, but when a court should be allowed to intervene. A recent judgment of the Supreme Court of India raises that question in an
Investment Arbitration
A recent judgment of the Paris Court of Appeal offers a useful reminder that, in investment arbitration, not every illegality argument is a jurisdictional argument. In its judgment of 21 July 2026 in Bolivia v Glencore Finance (Bermuda) Ltd, the Court rejected Bolivia’s challenge to a USD 253.6
A recent decision of the U.S. District Court for the Northern District of Texas is a useful reminder of how limited the role of domestic courts can be when enforcing an ICSID award. In The Slovak Republic v. Discovery Global LLC, the Court granted default judgment and enforced an
Enforcement
A decision from the AIFC Court in Kazakhstan caught my attention this week. In Naftogaz of Ukraine v Gazprom, the Court was asked to recognise and enforce an ICC award rendered by a tribunal seated in Switzerland. An earlier order had said yes. The Court has now said no — not
Arbitration and Sanctions
Your sanctions clause probably works fine — right up until someone suspends instead of terminating. That's the quiet lesson buried in DWL v DWM ([2026] SGHC 179), a Singapore High Court decision that reads like a stress test for every "sanctions-resistant" contract drafted since 2022. A