Res judicata effect of a prior arbitration is to be determined by arbitrators, not the courts – the Belco Rule can be hard to swallow

In Citigroup, Inc. v Abu Dhabi Investment Authority 13 Civ. 6073 (PKC), the United States District Court for the Southern District of New York (SDNY) recently issued a judgment compelling Citigroup to arbitrate for a second time its dispute with Abu Dhabi Investment Authority (“ADIA”), upholding the principle that arbitrators, not the courts, have the … Read more

Does the Brussels I Regulation forbid recognition of arbitral anti-suit injunctions? Lithuanian Supreme Court refers question to CJEU

Last month, the Lithuanian Supreme Court (the Supreme Court) made a preliminary reference to the Court of Justice of the European Union (CJEU) asking whether an EU member state court can refuse to recognise an arbitration award which restrains a party to the arbitration agreement from continuing proceedings in the courts of another member state … Read more

English High Court considers: arbitability of civil claims with a criminal aspect; its discretion to enforce awards under s66 of the Arbitration Act 1996; and the scope of the arbitration exception to immunity under s9 of the State Immunity Act 1978

In The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and the French State [2013] EWHC 3188 (Comm), the High Court had to consider whether to exercise its discretion under section 66 of the English Arbitration Act 1996 (the Act) to permit enforcement of two arbitral awards giving declaratory relief to … Read more

Argentina settles five outstanding investment treaty arbitration claims in historic break with its anti-enforcement stance

Argentina has agreed to settle five separate investment treaty arbitration claims at a cost of around USD 500 million, in an historic departure from the Latin American state’s refusal to comply with awards made by international investment treaty arbitration bodies. It was reported in an Argentine newspaper last Thursday, and confirmed by the counsel involved, … Read more

English court reaffirms its jurisdiction and willingness to compel foreign defendants to disclose their assets worldwide in aid of execution of arbitration awards

In a judgment handed down on 23 May 2013 in Cruz City 1 Mauritius Holdings v (1) Unitech Limited; (2) Burley Holdings Limited; and (3) Arsanovia Limited, the English High Court reaffirmed its jurisdiction under section 37(1) of the Senior Courts Act 1981 (the 1981 Act) to make an order to compel the Defendants to … Read more

The importance of getting the arbitration clause right

Summary A recent Federal Court of Australia case, Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd (2012) 292 ALR 161 (DKN v BBCG), has highlighted the importance of parties carefully tailoring the arbitration and jurisdiction clauses in their agreements to reflect their particular circumstances. A failure to do so may have implications … Read more