In the recent Constitutional Court Decision No. 100/PUU-XXII/2024, the Constitutional Court clarified what qualifies as a “foreign arbitral award” under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.
In a landmark decision, the Supreme People’s Court of Vietnam, the country’s apex court, recognised and enforced an arbitral award issued under the 2017 ICC Rules.
When seeking to resolve a dispute, parties generally aim for a full and final resolution to the dispute. In arbitration, this takes the form of a final arbitral award.
In general, only the parties to an arbitration may participate in proceedings to enforce the resulting arbitral award. Are there exceptions to this?
The High Court at Kuala Lumpur, in the first-ever decision of its kind, recognised a foreign award made by an arbitral tribunal under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).
Despite ongoing demands for the revision of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, no amendments have been made so far.
Most jurisdictions worldwide uphold the concept of open justice, with court proceedings generally being conducted in public by default. Conversely, arbitral proceedings and associated documents are generally subject to the principle of confidentiality …
One of the notable features of arbitration is the finality and enforceability of arbitral awards. This means that an award is binding on the parties and can be enforced in the courts of any country that is a signatory to …
Philippine courts are generally allowed to vacate or set aside an arbitral award issued in a domestic arbitration or an international commercial arbitration seated in the Philippines if …
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