In a landmark decision in Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2020] UKSC 38, the U.K. Supreme Court clarified the applicable principles for determining governing laws of an arbitration agreement in the absence of the parties’ express choice. The court upheld the appeal staying parallel court proceedings in Russia […]
On January, 11-16 the Russian Institute of Modern Arbitration will hold the Academy on International Arbitration titled “Beyond the Imaginable Borders: Transformation of Arbitration”. The Academy will touch upon the most innovative topics and cover the transformation of the well-known concepts of arbitration in the technological era such as the validity of arbitration agreements, choice […]
The English Court of Appeal has recently confirmed in Enka v Chubb that English courts are competent to grant anti-suit injunctions in support of arbitrations seated in England and has provided further clarifications on how to properly determine the governing law of the arbitration agreement. A massive fire broke out in 2016 during the reconstruction […]
In a recent award rendered under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, the Arbitration Panel held that “the wording of the contract must be complied with”, if it “does not include any exceptions”. The Panel also drew a line in determining the basis for calculation of limitation period according […]
Last Friday the Supreme Commercial Court released a long-awaited review of case law in cross-border disputes (disputes involving a foreign party) (for our earlier report on the draft review see here). While such reviews are not de jure binding, they are as a matter of practice followed by the lower courts and provide reliable guidance to litigants. The […]
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