DIAC PUBLISHES NEW RULES TO COME INTO FORCE ON 21 MARCH 2022

10 March, 2022
The wait is finally over: the updated DIAC Arbitration Rules 2022 (“2022 Rules”) were published last week and enter into force from 21 March 2022. The 2022 Rules will apply to all new requests for arbitration and exceptional procedures submitted after 21 March 2022, unless the parties agree otherwise. DIAC published draft rules in 2017 … Read more

IRAQ RATIFIES MAURITIUS CONVENTION ON TRANSPARENCY IN INVESTOR STATE ARBITRATION

31 August, 2021
Iraq has become the latest state to ratify the Mauritius Convention on Transparency in Treaty-based Investor State Arbitration (the Mauritius Convention), having deposited its instruments of ratification at the UN Headquarters in New York and having previously signed the Mauritius Convention on 13 February 2017. The Mauritius Convention will come into force for Iraq on … Read more

IRAQ WILL BECOME THE 168TH SIGNATORY TO THE NEW YORK CONVENTION

25 March, 2021
On March 4, 2021, the Parliament of Iraq passed the “Law on the Accession of the Republic of Iraq to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards,” which, upon being published in the Official Gazette, will formally ratify the country’s anticipated accession to the Convention on the Recognition and … Read more

ANNULMENT OF AL KHARAFI V. LIBYA ARBITRAL AWARD BY CAIRO COURT OF APPEAL

16 July, 2020
On 3 June 2020, the Cairo Court of Appeal set aside a US$ 1 billion investment treaty award arising out of a dispute between a Kuwaiti construction company and the State of Libya, in relation to a license for a tourist development project in Tripoli, Libya. The award was issued under the Unified Agreement for … Read more

THE COURT OF APPEAL CONFIRMS THE JURISDICTION OF ENGLISH COURTS TO RESTRAIN A FOREIGN ARBITRATION IN AN ‘EXCEPTIONAL’ CASE

22 July, 2019
In Sabbagh v Khoury and others, [2019] EWCA Civ 1219 (available here), the English Court of Appeal partly upheld the injunction granted by the Commercial Court restraining the pursuit of arbitration proceedings seated in Lebanon.  In doing so, the Court of Appeal confirmed the power of English courts to restrain a foreign arbitration on grounds … Read more