Kluwer: Russian Supreme Court’s Stance Shakes Up Enforcement of Foreign Arbitral Awards

Published on August 25, 2024

By Rostislav Kats (Kluwer Law International) and Anastasiya Ryabova (KIAP)

On 26 July 2024, the Russian Supreme Court issued a landmark ruling (the “Ruling”) outlining a novel stance on the recognition and enforcement of foreign arbitral awards. This jurisprudential shift, which is decidedly not pro-arbitration, erects new barriers for persons domiciled in countries deemed “hostile” or “unfriendly” by Russia to obtain their consideration in the...

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Kluwer: Examining the Delegation of the Power to Determine Arbitrability: Insights from Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp.

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By Yesul Pae (Singer IP)In Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp., No. 22-mc-80313-VKD, 2023 U.S. Dist. LEXIS 97717 (N.D. Cal. June 5, 2023), the court ruled that arbitration was proper for the parties. The court found that the parties’ arbitration clause clearly delegated power to the arbitrators to decide on the question of arbitrability, and thus, it was... Continue reading

Kluwer: How Confidential Is Arbitration In English Law?

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By Jade Hu (Seladore Legal)The confidentiality of arbitrations seated in England is long-established in English law. In the absence of an express agreement to dispense with confidentiality, English law recognises an implied obligation on parties and arbitrators to maintain the confidentiality of the hearing, the award and other materials produced in the proceedings (Dolling-Baker v Merrett [1990]