WilmerHale International Arbitration Legal Developments Blog RSS Feed

UK Supreme Court Confirms No Sovereign Immunity for ICSID Award Enforcement

Thu, 12 Mar 2026 10:30:00 Z

The United Kingdom Supreme Court has held that Contracting States to the ICSID Convention cannot claim sovereign immunity to resist enforcement of ICSID awards against them.

Investor State Award Enforced Despite Bribery Allegation but Costs Award May Be Resisted

Mon, 09 Mar 2026 13:14:00 Z

England’s High Court held that awards tied to fraud or bribery may be enforced, but costs awards may breach public policy if the winner engaged in misconduct.

Between EU Law and International Commitments: Two Rulings on Investment Arbitration from the German Federal Constitutional Court

Wed, 05 Nov 2025 13:37:00 Z

The FCC’s rulings offer important guidance on the intersection of EU law and international obligations in the context of investment arbitration.

The Road Less Traveled: Which Potential Arbitral Reforms Were Left Out of the Arbitration Act 2025 and Why?

Mon, 18 Aug 2025 20:14:00 Z

The English Arbitration Act 2025 came into effect on 1 August 2025 and governs arbitrations seated within England, Wales and Northern Ireland.

An Equitable Obligation to Arbitrate: Enforcement Against Non-Signatories

Tue, 25 Feb 2025 15:52:00 Z

This blog post discusses the English Court of Appeal's recently handed down judgment in a series of arbitral and court decisions relating to the sinking of the M/T Prestige in 2002, which caused widespread environmental damage along the Spanish and French coastlines.

The Modernised Energy Charter Treaty: Key Takeaways from the Amended Text

Mon, 23 Dec 2024 12:30:00 Z

On 3 December 2024, the Energy Charter Conference in Brussels adopted a long-anticipated and wide-ranging tranche of modernisation amendments (the “Amendments”) to the Energy Charter Treaty (“ECT”).

Legal Professional Privilege In Arbitration: Momentum From The European Court Of Justice

Tue, 19 Nov 2024 13:40:00 Z

International arbitration proceedings often bring together parties and counsel from different jurisdictions, each with differing expectations and approaches to core procedural issues.

Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48: UK Supreme Court clarifies approach to determining whether there is a valid arbitration agreement

Wed, 30 Mar 2022 14:55:00 Z

In an important recent decision, the U.K. Supreme Court provided further guidance on how to determine the law that applies to an international arbitration agreement.

Will the Uncertainty Around the Availability of Section 1782 Discovery in International Arbitration Proceedings Ever Be Resolved?

Fri, 17 Sep 2021 17:50:00 Z

In international arbitrations, the parties’ ability to obtain documents and testimony from the opposition is often limited. Depending on the applicable law and institutional rules, the scope of any discovery may be much narrower than in domestic litigation in certain jurisdictions, such as the United States (“U.S.”), where discovery is generally expansive.

UK Supreme Court Confirms Correct Approach to Application of Liquidated Damages Clauses When Work Not Completed

Thu, 19 Aug 2021 19:39:00 Z

The UK Supreme Court has recently confirmed an important principle regarding the application of liquidated damages clauses.

Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14: Public Policy Challenge Does Not Allow Reopening of Decided Issues of Fact or Law

Wed, 23 Jun 2021 13:26:00 Z

On 14 June 2021, the Privy Council of the United Kingdom handed down judgment in Betamax Ltd v State Trading Corporation (Mauritius).

PASL Wind Solutions Pvt Ltd v. GE Power Conversion India Pvt Ltd: The Indian Supreme Court Clarifies that Two Indian Parties Can Choose a Foreign Arbitral Seat

Tue, 25 May 2021 18:04:00 Z

On 20 April 2021, the Indian Supreme Court in PASL Wind Solutions v. GE Power Conversion India, clarified that two Indian parties can choose a foreign arbitral seat and that parties to such foreign seated arbitrations will be able to obtain interim relief from the Indian courts.

CVLC Three Carrier Corp v Arab Maritime Petroleum Transport Company: The English Commercial Court Provides Guidance on Arbitration Appeals on a Point of Law

Wed, 05 May 2021 19:22:00 Z

The recent case of CVLC Three Carrier Corp & Anor v Arab Maritime Petroleum Transport Company [2021] EWHC 551 (Comm) is a rare example of a successful challenge under section 69 of the Arbitration Act 1996 (Act).

Singapore High Court Requires Third Party’s Express Written Consent to be Joined to Arbitration Under LCIA Rules 2014

Mon, 12 Apr 2021 18:41:00 Z

On 19 March 2021, the Singapore High Court issued an important decision on the concept of a “forced joinder” in CJD v CJE [2021] SGHC 61. A forced joinder refers to a third party consenting to be joined as a party to extant arbitration proceedings on the application of one of the arbitrants despite objections to the joinder raised by the other arbitrant(s).

Republic of Sierra Leone v SL Mining Ltd: The English Commercial Court Rules On The Effect Of Non-Compliance With A Multi-Tier Dispute Resolution Provision

Wed, 24 Feb 2021 14:46:00 Z

On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision, also settling a difficult question of English arbitration law.