Arbitration clauses are not always challenged directly. Often, the challenge is more subtle: a claimant brings court proceedings against both the contractual counterparty and an additional defendant who never signed the arbitration agreement, i.e., a non-signatory or third party. The question then becomes whether that party structure is enough to keep the dispute in court. […]
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Singapore SICC Rejects Attempt to Set Aside Costs Award Denying Third-Party Funding Costs
In DTH v DTF [2026] SGHC(I) 5, the Singapore International Commercial Court (“SICC”) dismissed an application by successful arbitral claimants to set aside or remit the costs portion of a Singapore-seated arbitral award. The applicants had won the merits phase of the arbitration but failed before the arbitral majority to recover their third-party funding costs […]
FLOPEC v. Sudhaus: New York Convention Arbitration Prevails
In FLOPEC v. Sudhaus, the United States District Court for the Eastern District of Pennsylvania gave a clear reminder that an agreed arbitral forum is not easily displaced. The Court ordered arbitration under the New York Convention in a high-value Ecuadorian oil shipping dispute involving Flota Petrolera Ecuatoriana EP, a state-owned company, even though FLOPEC […]
Krimpets, Commerce, and Arbitration: The Supreme Court’s Latest FAA § 1 Decision
On 28 May 2026, the United States Supreme Court issued its unanimous decision in Flowers Foods, Inc. v. Brock, further clarifying the scope of the Federal Arbitration Act (“FAA”) § 1 exemption for transportation workers. The FAA requires courts to enforce private arbitration agreements. However, § 1 of the FAA provides an important exception for […]
Rwanda v. UK: PCA Tribunal Rejects Claims Over the Asylum Partnership Agreement
The PCA’s award in Rwanda v. United Kingdom turns a politically charged migration dispute into a careful lesson in treaty interpretation, diplomatic correspondence and the legal consequences of saying “acceptable” in a note verbale. Although the case arose from the Rwanda-UK Asylum Partnership Agreement (the “Asylum Partnership Agreement”), its importance extends beyond asylum policy. The […]
Indonesia’s New Commodity Export Regime: Resource Nationalism and International Arbitration
On 20 May 2026, Indonesia issued Government Regulation No. 24/2026 (PP No. 24/2026) (unofficial English translation here) on the Governance of Exports of Strategic Natural Resource Commodities (“Regulation”), which entered into force on 1 June 2026.[1] Under the Regulation, Strategic Natural Resource Commodities may only be exported by a State-owned enterprise (“SOE”) appointed by the […]
Key Changes in the 2026 ICC Arbitration Rules
The International Chamber of Commerce (the “ICC”) has now released the newest iteration of its arbitration rules, the 2026 ICC Arbitration Rules (the “2026 Rules”), which will enter into force on 1 June 2026. The 2026 Rules are evolutionary rather than revolutionary. The ICC has not fundamentally altered the structure of ICC arbitration, but it […]
Panama Canal Ports Dispute: Key Lessons for Foreign Investors
Disputes over critical assets now drive many international arbitrations. Ports, airports, energy projects, mining assets, data centres, telecom networks and transport corridors are no longer purely commercial assets. States increasingly link them to national security, economic sovereignty, supply chains and geopolitical influence. The Panama Canal ports dispute shows this trend clearly. Panama Ports Company, a […]
Can Misconduct in Arbitration Invalidate an Award?
International arbitration is often chosen because it offers parties a final and enforceable decision.[1] In most cases, that finality is one of its greatest advantages. However, an arbitral award is not immune from challenge.[2] Where serious misconduct has affected the proceedings, a party may be able to challenge the arbitral award before the courts of […]
