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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
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
In a landmark judgment issued on 27 October 2020, Egypt’s Court of Cassation (the “Court”) upheld a decision of the Cairo Court of Appeal refusing to set aside an award issued by the Cairo Regional Center for International Commercial Arbitration (“CRCICA”). Read more
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
What are the differences in approach to the enforcement of arbitration awards across EMEA? In our latest arbitration podcast series, we take a detailed look into the reality and nuances of enforcement across the EMEA region. Read more
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
A decision by the federal government of the UAE to remove arbitrators from the scope of application of Article 257 of the UAE Penal Code has been welcomed by the arbitral community in the UAE and beyond. Federal Decree No. 24 of 2018 came into force on 8 October 2018. Dubai, seen as an arbitration-friendly … Read more
Arbitration in the Kingdom of Saudi Arabia has been subject to material reform in recent years which has had a positive effect in the realm of dispute resolution. The new arbitration law, enacted by Royal Decree No. M/34 published in the Official Gazette on 8 June 2012 (the “New Arbitration Law”) has facilitated the Kingdom … Read more
Entering into a contract with an entity owned or controlled by the state poses unique challenges not faced when dealing with a private commercial counterparty. Parties should be aware of certain distinctive features of negotiating with a state entity from the start of any commercial relationship. It is particularly important for parties to consider these … Read more
