The concept of transnational issue estoppel is well established under English law. Until recently, English courts had not yet had occasion to consider whether transnational issue estoppel could apply in the context of the...more
Effective choice of court clauses (also known as jurisdiction clauses) are central to finance agreements. Reliable, certain process to enforce contractual obligations is essential for cross-border trade and finance...more
Courts in Paris and The Hague have recently refused to enforce awards from the same arbitration. These decisions confirm the logical limits to the pro-arbitration principle that arbitrators and courts should seek to uphold...more