International Arbitration Newsletter
The Arbitration cross-border group is delighted to share with you the latest news in International Arbitration across its key offices.
International Arbitration Newsletter - May 2025
Hong Kong
Sports arbitration in Hong Kong
Hong Kong is set to launch a dedicated sports dispute resolution system, reinforcing its arbitration credentials and offering expedited, expert-led solutions to meet the growing demand for fair and efficient resolution of sports-related conflicts.
London
The Arbitration Act 2025 Gains Royal Assent
The UK's 2025 Arbitration Act has been granted Royal Assent and will enter into force shortly, bringing some changes to arbitration law in the UK.
Madrid
Simmons & Simmons at the Open de Arbitraje 2025: Exploring the Rise of Award Monetisation
At the 2025 Open de Arbitraje in Madrid, Simmons & Simmons highlighted the strategic value of award monetisation in arbitration, with Partner Emma Morales discussing its growing role in managing enforcement risks and accelerating recovery.
Milan
The Court of Milan on the power of arbitrators to grant precautionary measures
The Court of Milan ruled that arbitrators lack the authority to grant precautionary measures under pre-2023 arbitration clauses, reinforcing the primacy of party intent and the legal framework in force at the time of agreement.
Paris
Expert insights from Simmons 2025 Paris Arbitration Week event
At Paris Arbitration Week 2025, Simmons & Simmons hosted a standout event on disclosure and the IBA Guidelines, with insights from leading voices on how evolving standards and relationships shape impartiality in arbitration.
Riyadh
Saudi Arbitration Law Series: Integrating Shari'a into Arbitration
The second article in the series outlines the integration of Shari'a principles into the Saudi arbitration framework, and how this shapes the procedural structure, arbitrator qualifications, and enforceability of awards.
Singapore
SIAC Rules 2025: A New Standard for Flexibility and Accessibility in International Arbitration?
The SIAC Rules 2025 introduce significant innovations-broader expedited procedures, pre-arbitration interim relief, and a novel coordinated proceedings mechanism-positioning SIAC as a frontrunner in flexible, efficient dispute resolution
International Arbitration Newsletter - December 2024
Dublin
Shifting The Playing Field: UEFA adopts Dublin for Arbitration, embracing EU Legal Standards
UEFA now permits arbitration in Dublin under CAS rules for club competition disputes, aligning with EU legal standards post-European Super League ruling.
Hong Kong
HKIAC Launched New Arbitration Rules on 1 June 2024
The HKIAC updated its arbitration rules, aimed at boosting the overall efficiency and integrity of arbitration proceedings administered by HKIAC. The updates showcase the HKIAC’s awareness to modern issues and it responsiveness to the growing demand for effective and efficient arbitrations.
London
UK Withdraws from Energy Charter Treaty
The UK Government has announced its withdrawal from the Energy Charter Treaty, a move that, alongside the EU’s planned exit, signals the treaty's potential end amid criticism that it impedes energy transition efforts, although protections for existing investments will persist temporarily under the sunset clause.
Madrid
Madrid's Emerge as a global arbitration hub
Madrid is emerging as a global arbitration hub, driven by strategic legal initiatives, cultural diversity, foreign investment, and a vibrant arbitration community.
Milan
Spotlight on Milan Chamber of Arbitration’s Proceedings: Unveiling the True Costs
A Milan event hosted by SDA Bocconi and CAM unveiled a study highlighting arbitration's cost-effectiveness, with CAM cases averaging 307 days and €38,000 in costs, underscoring arbitration as a swift, final, and economically advantageous alternative to traditional court proceedings for many disputes.
Paris
An(other) Stand Against Due Process Paranoia: French Court of Cassation Affirms Arbitral Tribunals’ Autonomy in Document Production Decisions
The French Court of Cassation refused to set aside an award in which the arbitral tribunal decided to deny document production requests, affirming the authority of arbitral tribunals in managing procedural matters.
Riyadh
Saudi Arbitration Law Series: Modernization and Global Alignment
The first article in the series outlines the modernization of Saudi Arabia's Arbitration Law through alignment with international standards, offering businesses a predictable and efficient framework for resolving commercial disputes.
Singapore
Singapore International Commercial Court Sets Aside ICC Tribunal’s Award.
The Singapore International Commercial Court set aside an ICC Tribunal's award due to breaches of natural justice, citing apparent bias and the lack of a fair, independent, and impartial decision by one of the arbitrators.
International Arbitration Newsletter - April 2024
Paris
Simmons & Simmons Spearheads Discussion at Paris Arbitration Week
Simmons & Simmons hosted a thought-provoking discussion on tax-related ISDS disputes at Paris Arbitration Week.
London
Supreme Court to decide on anti-suit injunctions
The Supreme Court has again shown the willingness of the English courts to uphold parties’ agreements to arbitrate, even when the seat of arbitration is not England. The decision (given orally) in Unicredit Bank GmbH v RusChemAlliance upheld a Court of Appeal decision in February that granted an anti-suit injunction against RusChemAlliance to restrain it from progressing a case before the Russian courts, commenced in breach of an arbitration clause.”
Milan
Italian Arbitration Day
Italian Arbitration Day in Rome will gather global experts to discuss international arbitration's role in geopolitical contexts, followed by a networking dinner.
Singapore
Jurisdiction and Digital Contracts: Key Takeaways from the Terraform Labs Case
The Singapore High Court addressed key legal questions in Terraform Labs [2023] SGHC 340 regarding an application to stay proceedings in favor of arbitration. The case centered on whether actions taken in court constitute a “step in the proceedings” under the new Rules of Court 2021, and if arbitration agreements formed online through terms linked by hyperlinks are valid.
Hong-Kong
Navigating Multiple Contracts: Hong Kong Court sets aside HKIAC Tribunal’s award on jurisdiction
In a pivotal decision, a Hong Kong court has invalidated the jurisdictional ruling of a Hong Kong International Arbitration Centre (HKIAC) Tribunal concerning its authority to arbitrate disputes linked to both a loan agreement and an associated promissory note.
Dublin
Ireland and the Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA).
Irish Supreme Court requires changes to the Arbitration Act for CETA ratification, posing uncertainties for Ireland's future with CETA.
Dubai
Dubai Courts cast doubt on recoverability of legal fees in ICC arbitration
In a recent judgment, the Dubai Court of Cassation (DCC) has refused to enforce part of an ICC arbitration award, holding that the ICC Rules do not authorise a tribunal to award a party’s legal costs as part of its final award. The decision is the latest in a series of judgments on the issue of legal fees in arbitration and highlights the need for parties in UAE-related arbitrations to ensure their arbitration agreements comprehensively set out the intended powers of the tribunal.
International Arbitration Newsletter - January 2024
Paris
Navigating Interest Awards in Arbitration: The Devil is in the Details (of Your Prayer for Relief)
In a recent decision of the Paris Court of Appeal, scrutiny was given to whether an arbitral tribunal could order default interest on arbitration costs without a specific request.
London
Arbitration and corruption: Nigeria v P&ID
In October the English High Court handed down an explosive judgment in the case of Nigeria v P&ID, finding that an arbitration "was a shell that got nowhere near the truth". A sham deal procured by bribery had led to an arbitral award against Nigeria for$11bn, enforcement of which was refused by the High Court. We reflect on what happens where an allegation of corruption is raised in the arbitral process.
Milan
The fourteenth edition of the Milan Chamber of Arbitration Annual Conference
On 24 November 2023 Milan Chamber of Arbitration (CAM) hosted its fourteenth Annual Conference, titled 'The Colour of Money: Economics in Arbitration', which brought together over 170 arbitration experts and practitioners from 16 countries worldwide.
Singapore
Singapore Court of Appeal Affirms Transnational Issue Estoppel in Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10
Notable 5-judge bench of the Singapore Court of Appeal hold that transnational issue estoppel and (provisionally) the principle of primacy should apply in the context of international commercial arbitration, preventing parties from re-litigating points before an enforcement court that had previously been raised and decided before the seat court.
Hong-Kong
Judicial immunity extended to arbitrators: Song Lihua v Lee Chee Hon [2023] HKCFI 1954
In a recent judgment, the court of first instance extended judicial immunity to arbitrators.
Abu Dhabi
Abu Dhabi's Arbitration Evolution: arbitrate AD replaces ADCCAC
Abu Dhabi to launch arbitrate AD, a modern arbitration centre, promising impartial and efficient dispute resolution, replacing ADCCAC.
Dubai
The Impact of a Landmark U.S. Ruling on Dubai Arbitration
In the dynamic world of international arbitration, a recent U.S. court decision has sent ripples across the legal landscape, challenging the way businesses must approach their arbitration agreements. This article revisits the critical changes brought about by Dubai Decree 34 of 2021(the "Decree") and examines the implications of a landmark ruling that refuses to enforce an out dated arbitration clause.
International Arbitration Newsletter – September 2023
Paris
Paris to host two ICC-focused arbitration conferences in October
Paris is set to host two ICC-focused arbitration conferences in October: while the first will deal with the publication of ICC awards, the second will offer arbitration practitioners the unique opportunity to discuss current challenges and future prospects of ICC arbitration with current and former Presidents of the ICC International Court of Arbitration.
London
Arbitration Act changes: draft legislation published
The Law Commission, the statutory independent body that conducts research and makes recommendations to the government on ways in which to improve the law, has finalised its recommendations for changes to the Arbitration Act and published draft legislation to effect this.
Amsterdam
The Hague Court of Appeal refuses recognition and enforcement of a USD 14.92 billion foreign arbitral award
The Hague Court of Appeal was requested to recognise and enforce a USD 14.92 billion arbitral award. The court -- taking into account parallel proceedings conducted in Paris and Madrid - refused granting the request on three separate grounds.
Dublin
Dublin International Arbitration Day 2023
The 11th annual Dublin International Arbitration Day, Ireland's leading conference on international arbitration, will take place at the Distillery Building Dublin on Friday, November 17 2023.
Milan
Recent growth trends in arbitration proceedings seated in Italy
An interview given by, the director of the Milan Chamber of Arbitration, Mr. Stefano Azzali, demonstrates that national and international arbitration proceedings seated in Italy are experiencing considerable growth - which underscores a promising future for arbitration in Italy.
Singapore
Singapore International Commercial Court dismisses applications to set aside arbitral awards: CNA v CNB and anor and other matters [2023] SGHC(I) 6
The Singapore International Commercial Court dismissed applications to set-aside arbitral awards, recalling the importance of fundamental arbitration principles such as party autonomy and separability of arbitration clauses.
Hong Kong
Hong Kong Court rules arbitration agreement no longer operable and reinstates state court proceedings
The first instance court in Hong Kong reinstated court proceedings after it had ordered that they be stayed in favour of arbitration proceedings, finding that the arbitration agreement was no longer operable vis-à-vis the dispute between the parties after the arbitral tribunal found that it lacked jurisdiction over said dispute.
Saudi Arabia
New KSA Civil Code and SCCA arbitral rules
The introduction of both a new civil law and new arbitration rules in Saudi Arabia this summer marks a significant and positive change to the Kingdom's legal landscape, giving greater contracting certainty for businesses.
International Arbitration Newsletter – June 2023
Paris
French Cour de Cassation clarifies the regime of enforcement of arbitral awards against a State's tax claims
In a recent judgment, the French Cour de Cassation clarified the circumstances in which award creditors may enforce an award against a foreign State's tax claims in France.
London
The Arbitration Act under review
25 years after it came into force, the Arbitration Act 1996 is under scrutiny by the Law Commission, the statutory independent body that conducts research and makes recommendations to the government on ways in which to improve the law.
Amsterdam
The Post-Achmea saga continues : Dutch courts consider the fate of intra-EU arbitration proceedings seated outside of the EU
In a recent decision, the District Court of Amsterdam rules that intra-EU arbitration proceedings seated outside of the EU are not "clearly futile" and their pursuit does not constitute an abuse of rights under Article 3:13 DCC.
Dublin
Dublin International Arbitration Day Conference
Arbitration Ireland are set to host their 11th "Dublin International Arbitration Day Conference" on 17 November 2023. This year's Conference offers an outstanding line up of international expert speakers on matters of topical interest.
Milan
New provisions on impartiality and independence of arbitrators
The recent Legislative Decree no. 149 of 10 October 2022 has introduced a number of rules to strengthen the independence and impartiality of arbitrators.
Madrid
The 17th International Congress of the Club Español del Arbitraje
The Club Español del Arbitraje is set to host the 17th international congress on 18-20 June 2023. The conference will tackle a variety of issues pertaining to arbitration in times of crisis and disruption.
Hong-Kong
Hong Kong Court refuses to stay tortious court claim in favour of arbitration
A Hong Kong Court held that a tort claim does not fall under the ambit of a dispute resolution clause which submits to arbitration "any dispute arising out of the performance of" an agreement.
Singapore
Malaysian Courts versus Arbitral Tribunals' Powers to Order Interim Relief: Do They Conflict?
The Malaysian High Court recently confirmed that in situations where an interim measure can be granted by both an arbitral tribunal and Malaysian courts, the requesting party will first have to request that the interim measure be granted before the arbitral tribunal.
Saudi Arabia
Saudi Center for Commercial Arbitration reveals new Arbitration Rules
The Saudi Centre for Commercial Arbitration recently announced the publication of its new SCCA Arbitration Rules, the modernity and sophistication of which is unsurprising, given the institution's intention to become the preferred arbitral institution in the region by 2030.
Dubai
A warning for contracts specifying arbitration under the DIFC-LCIA Rules
A refresher on the changes to Dubai arbitral institutions, and a reminder to check (and amend) arbitration agreements choosing DIFC-LCIA Rules to minimise post-award enforcement risks.
International Arbitration Newsletter – April 2023
Paris
The French Cour de cassation ruled that failure to initiate mediation in accordance with a Mediation-Arbitration clause is a question that pertains to admissibility of claims rather than to an arbitral tribunal's jurisdiction.
London
In a decision that sounds a note of caution for companies considering arbitration in consumer-facing terms of service, English courts have considered arbitration clauses in online terms and conditions for high value services and who is a consumer.
Amsterdam
The Amsterdam District Court ruled that a party's misrepresentation of factual information pertaining to its alleged damages amounts to procedural deceit that may, under specific circumstances, lead to a denial of enforcement of the award.
Dublin
Legislative amendments, published in the draft Courts and Civil Law (Miscellaneous Provisions) Bill 2022, will, when adopted, permit third party litigation funding in international commercial arbitration cases in Ireland.
Milan
Legislative Decree no. 149 of 10 October 2022 introduced noteworthy amendments to arbitration provisions under the Italian Code of Civil Procedure which are likely to further enhance Italy's attractivity as venue for international arbitrations.
Singapore
The Singapore High Court held that foreign awards rendered by emergency arbitrators may be recognised and enforced in Singapore pursuant to Section 29 of the IAA, so long as the award is "binding".
Hong-Kong
In a landmark decision, the Hong Kong Court of Appeal ruled that disputes pertaining to the compliance with pre-arbitral steps as provided under a dispute resolution clause are to be resolved by arbitral tribunals rather than State courts.
Dubai
The Abu Dhabi Court of Cassation ruled that an ICC arbitration clause providing for "Abu Dhabi" as a seat grants territorial jurisdiction to hear and determine annulment proceedings to the ADGM Courts rather than the onshore courts in Abu Dhabi.
Doha
Our experts is Doha assess why Arbitration-Mediation-Arbitration is an appropriate dispute resolution mechanism for the settlement of construction, infrastructure and energy disputes in Qatar.
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