GENERAL ASSEMBLY OF THE DUBAI COURT OF CASSATION HAS PROVIDED NEEDED CLARITY REGARDING THE VALIDITY OF ARBITRATION AGREEMENTS

The General Assembly of the Dubai Court of Cassation has recently issued a judgment in its Decision No. 10 of 2023 (the “2023 Decision“), in which it considered the legal principles regarding the validity of arbitration agreements. The General Assembly has directed that the principle established by the Dubai Court of Cassation in Contestation No. … Read more

The Law Commission’s Second Consultation Paper – an evolving approach

This week the Law Commission published a second Consultation Paper as part of its review of the English Arbitration Act (the Act). The Paper raises three issues for consultation: (1) how the proper law of the arbitration agreement should be determined under English law; (2) the procedure for jurisdictional challenges before the English court under … Read more

No contract, no arbitration agreement? The separability principle explained

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA 1555, the Court of Appeal considered whether an arbitration agreement was binding on the parties in circumstances where a pre-condition to the effectiveness of the contract had not been satisfied. In dismissing the application to set aside the arbitral award for … Read more

Landmark ruling of Germany’s Constitutional Court: Arbitration Clause Violates Access to Justice

In a long-awaited landmark ruling in a case concerning the German ice-skating champion Claudia Pechstein, the German Federal Constitutional Court (Bundesverfassungsgericht) has found that the mandatory arbitration clause of the Court of Arbitration for Sport (“CAS“) violated the athlete’s constitutional right of access to justice pursuant to Art. 2(1) in conjunction with Art. 20(3) of … Read more

Hong Kong Court of Appeal rules on landmark case regarding escalation clauses

Herbert Smith Freehills has secured an important judgment from the Hong Kong Court of Appeal, C v D [2022] HKCA 729, regarding escalation clauses – contractual provisions which require negotiation or mediation before either party can begin formal proceedings. These clauses are intended to promote the efficient resolution of disputes, but often lead to costly litigation. … Read more