REUTERS | Ahmed Jadallah
July 11, 2019

The ADGM adopts memorandum of understanding with Ras Al Khaimah Courts on enforcement of awards

In a further strategic move to facilitate the enforcement of Abu Dhabi Global Market (ADGM)-ratified awards across the United Arab Emirates (UAE), the ADGM courts and the Ras Al Khaimah Courts Department have entered into a memorandum of understanding for the mutual recognition of judicial instruments (Memorandum of Understanding between Ras Al Khaimah Courts Department and Abu Dhabi Global Market Courts concerning the Reciprocal Enforcement of Judgments, dated 5 May 2019, the RAK-ADGM MoU). These include judgments, orders, court-certified settlement agreements and ratified awards, issued by the ADGM and Ras Al Khaimah courts. Continue reading →

REUTERS | Anton Vaganov
July 4, 2019

Arbitrating corporate disputes in Russia: the conditions and what they mean for arbitration clauses

In September 2016, new Russian arbitration legislation came into force addressing the arbitrability of corporate disputes in relation to Russian companies. Before this, there had been a number of Russian court decisions that had cast doubt over the arbitrability of corporate disputes so the new legislation was seen as a good thing, even if some of the provisions were not entirely clear. Continue reading →

REUTERS | Yiannis Kourtoglou
June 27, 2019

For a few Swiss francs more: enforcing arbitral awards in Switzerland (Chapter 1)

Parties and practitioners know too well that even a favourable arbitral award is of little value until the award debtor complies with it. In cases where the award is not carried out voluntarily, the award creditor will have to take steps to recover its claim(s). Continue reading →

REUTERS | Alexandre Meneghini
June 20, 2019

The courts and arbitration: the Eleni P Case, an example of “maximum support, minimum interference”

Back in 2016, Lord Thomas suggested that arbitration, and its inherent privacy, was seriously impeding the development of common law, particularly within the sphere of commercial law. In 2017, he went on to describe the courts as “complementary” to arbitration, with the courts providing “maximum support, minimum interference,” where necessary. Continue reading →

REUTERS | Alexander Kuznetsov
June 14, 2019

Court of Justice of the EU approves CETA investment court system

On 30 April 2019, the Court of Justice of the EU (CJEU) issued its long-awaited Opinion 1/17 regarding the question raised by Belgium of whether the investment court system (ICS), which encompasses a tribunal and appellate tribunal, is compatible with EU law. The approval of the CJEU not only removes the remaining obstacle for the entering into force of the whole Comprehensive Economic and Trade Agreement (CETA), but, moreover, gives the European Commission a green light for its efforts to create a permanent multilateral investment court (MIC), which is currently being negotiated within UNCITRAL working group III. Continue reading →

REUTERS | Dinuka Liyanawatte
June 13, 2019

Suing an undisclosed principal under an arbitration agreement: Filatona Trading Ltd and another v Navigator Equities Ltd and others

In the context of a challenge under section 67 of the Arbitration Act 1996 (AA 1996), in Filatona Trading Ltd and another v Navigator Equities Ltd and others, the English Commercial Court considered the circumstances in which an undisclosed principal may be sued under an arbitration agreement. The English Commercial Court also heard a challenge under sections 67 and 68 of the AA 1996 on the basis that an arbitral tribunal had awarded relief from shareholder oppression that is not available in the English courts, namely, a buy-out of a foreign company’s shares pursuant to Cypriot statute (the law of the place of incorporation of the company whose shares were being purchased). Continue reading →

REUTERS |
June 7, 2019

To litigate or to arbitrate? Choosing a forum for construction disputes

Construction disputes are inherently complex, document-heavy and time-intensive. They often require the preparation of multifaceted technical fact and expert evidence, accompanied by multiple rounds of lengthy pleadings and submissions. It is therefore no surprise that the nature of construction disputes makes them expensive to run. This is a key factor for all players in an industry where there are high stakes, with many clients facing serious cash-flow pressure in the aftermath of projects that have experienced massive cost and time overruns. Continue reading →

REUTERS | Jose Manuel Ribeiro
June 6, 2019

Is the tide turning for contractors and suppliers in the UAE? Recent changes to law and policy in the UAE addressing cash flow

It is said that cash flow is the lifeblood of business and this could not be more true for contractors and suppliers in the construction industry. The UAE’s new Arbitration Law and recent guidance on payment terms look set to improve crucial cash flow for contractors and suppliers. Continue reading →