By Jeremy Hernandez-Lum Tong In 2020 and 2021, the Supreme Court of the United Kingdom (“UKSC”) made two seminal decisions on the law governing arbitration agreements, namely Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb and Kabab-Ji SAL v Kout Food Group. The latter, Kabab-Ji UKSC, recapitulated the reasoning in Enka, but differed…
Category: International
The Role of Arbitration in Maritime Security Contracts: Risk Allocation and Enforcement Challenges in High-Risk Zones
By Ayoola Babatunde Fadola Introduction Given the complexities of global shipping, maritime security contracts help protect ships, cargo, and human life in hostile seas. These standardized contracts, which cover risks such as piracy, armed robbery, and terrorism, often pose significant challenges for risk sharing and dispute resolution. This essay considers the roles of arbitration in…
U.S. Courts Will Not Deny Enforcement of an International Award Even if Corruption Tainted the Contract
By Deborah Slattery-Pereira In August 2024, the 11th Circuit addressed the role of U.S. Courts in recognizing non-domestic awards when one of the parties alleged that corruption tainted the contract. This case involved a breach of contract dispute between Commodities & Minerals Enterprise, Ltd. (“CME”), a commodities intermediary trader under the laws of the British…
RWE AG and RWE Eemshaven Holding II BV v. Kingdom of the Netherlands and Themes in Climate Change Arbitration
By Yonah Wasik, Senior Staffer Climate change presents an expanding danger to the environment and human health. Along with it, international bodies and states alike have progressively strengthened their climate change goals and regulations. While most climate change cases are brought before national courts, businesses have turned to arbitration to resolve environmental disputes, especially for…
Balancing Acts: The Profit Potential and Pitfalls of Investor-State Dispute Settlement
by: Shannon Moloney, Articles Editor Investor-state dispute settlement (“ISDS”) provisions provide investors and nations with a framework to arbitrate issues that arise under both bilateral investment treaties (“BIT”) and free trade agreements (“FTA”). Investors often pursue damages against host countries that are parties to international treaties with ISDS provisions if host nations do not abide…
The Arbitration Brief 