French Court of Cassation – First Civil Chamber Decision dated 20 October 2010 Pourvoi No. 09-68.997 Somoclest Bâtiment v. DV Construction Arbitrator independence is not protected merely by making a generic disclosure. A significant decision of the French Court of Cassation illustrates that where an arbitrator has been repeatedly and systematically appointed by companies belonging to the same corporate group, the arbitrator may be required to disclose the full extent of that

In a significant decision for arbitration practitioners and commercial parties, the Supreme Court of India has clarified that an indemnity-related obligation contained in a consent arbitral award may become enforceable before the underlying liability has completed every stage of appellate review. In VPS Healthcare Private Limited & Anr. v. Prabhat Kumar Srivastava & Anr., 2026 INSC 361, decided on 13 April 2026, the Court considered whether an obligation arising from a settle

Parties sometimes agree in their contract that any future dispute will be referred to arbitration before a sole arbitrator specifically identified by name. While this may appear to provide certainty at the drafting stage, a practical difficulty arises when a dispute eventually occurs and the named arbitrator declines to accept the appointment. Does the arbitration agreement fail altogether, or can another sole arbitrator be appointed? In most cases, the inability or unwilling

The seat of arbitration is one of the most important concepts in international arbitration. It is not merely the physical place where hearings are conducted. Rather, it is the legal home of the arbitration and the jurisdiction that provides the procedural framework and judicial supervision of the arbitral process. A recent judgment of the Supreme Court of India revisited this distinction and addressed an important practical question: what happens when the parties have not cle

An arbitral award has limited commercial value if the successful party cannot ultimately convert it into an enforceable result. This is particularly important in international disputes, where the debtor, its assets, the arbitration seat and the place of enforcement may all be located in different jurisdictions. For this reason, the effectiveness of international arbitration depends not merely on obtaining an award, but on whether that award can be recognised and enforced wher

One of the most common issues in trademark examination is the existence of an earlier mark containing a word that also appears in a later application. At first glance, the issue may appear straightforward: If two trademarks share the same word, should the later application be refused? Not necessarily. Trademark similarity is generally not determined by isolating one word and comparing it in the abstract. The more appropriate inquiry is whether the marks, when considered as a

A recurring issue in trademark registration arises when a mark contains a personal or professional name that does not exactly reproduce the applicant’s full legal name. This may occur where a business owner, doctor, consultant, professional, or family enterprise uses a shortened name, professional name, surname, or commercially recognised form of identity. The question then becomes: Does the absence of an exact match between the trademark and the applicant’s official identifi

One of the recurring issues in trademark practice is whether the inclusion of a personal name within a trademark is sufficient, by itself, to justify refusal of registration. The issue becomes particularly important where the name appearing in the trademark is not the name of a third party, but rather a name, surname, professional name, or commonly used designation associated with the trademark applicant himself. This raises an important legal question: Does the mere presence

At first glance, the question appears simple: If the law requires an arbitration agreement to be “in writing,” does that necessarily mean that both parties must sign the same document? The answer is generally no. Writing and signature are closely related concepts, but they are not identical. An arbitration agreement must ordinarily be evidenced in writing. However, a traditional signature by both parties on a single document is not necessarily the only method by which their c

Dubai Court of Cassation – Commercial Appeal No. 305 of 2026 – Judgment dated 20 May 2026 The Dubai Court of Cassation has reinforced an important procedural principle concerning the interaction between arbitration agreements and the right of parties to have their dispute heard at two levels of jurisdiction. The judgment arose from a complex commercial and engineering dispute involving the potential liability of a consultant, a main contractor, subcontractors, and other parti

Dubai Court of Cassation Commercial Appeal No. 1452 of 2025 Judgment dated 23 December 2025 The Issue Does filing a lawsuit before the ordinary courts under a contract containing an arbitration clause automatically amount to a waiver of that clause? The Dubai Court of Cassation addressed this important question in Commercial Appeal No. 1452 of 2025. The Court’s reasoning draws an important distinction between merely commencing court proceedings and conduct demonstrating that

A dispute may begin before the courts, proceed through several procedural stages, and even involve the appointment of a judicial expert. But what happens when the court subsequently determines that the dispute falls within the scope of an arbitration agreement and the matter proceeds to arbitration? A particularly important question arises where the court-appointed expert has already issued a report, but that report is incomplete. Can the arbitral tribunal order the same expe

construction and engineering disputes, one of the most common mistakes in delay and prolongation claims is assuming that every cost incurred during an extended project period automatically becomes a recoverable prolongation cost. It does not. A contractor may successfully establish an entitlement to an Extension of Time (EOT), but this does not necessarily establish an equivalent entitlement to recover every indirect or time-related cost incurred during that period. The criti

A judgment of the Riyadh Court of Appeal confirms that a challenge to an arbitrator is not a procedural matter that an arbitral tribunal may simply ignore. Where a challenge is submitted through the applicable statutory procedure, the tribunal must address it and issue a decision within the prescribed period. Continuing the proceedings and rendering an award without deciding the challenge may constitute a material procedural defect capable of leading to annulment. The case co

Including an arbitration clause in an online terms-and-conditions document does not, by itself, guarantee that the clause will be enforceable. In digital contracting, the design of the registration process, the placement of hyperlinks, the wording of the confirmation button, and the evidence retained by the platform may all determine whether an arbitration agreement was ever formed. A recent commercial arbitration administered by the American Arbitration Association (AAA) rep

Commercial arbitration has emerged as a vital mechanism for resolving disputes in the Gulf Cooperation Council (GCC) region. With its unique blend of cultural, legal, and economic factors, the GCC presents both opportunities and challenges for businesses engaged in arbitration. This blog post will explore the intricacies of commercial arbitration in the GCC, providing insights into its framework, processes, and best practices for navigating this complex landscape. Eye-level v

In today's fast-paced global economy, intellectual property (IP) has become a cornerstone for innovation and economic growth. In Saudi Arabia, the importance of protecting intellectual property rights is increasingly recognized as the nation diversifies its economy and invests in various sectors. This blog post will explore how individuals and businesses can maximize their intellectual property rights in Saudi Arabia, providing practical insights and strategies for effective

In the dynamic landscape of the UAE's business environment, effective contract advisory is crucial for ensuring that companies navigate legal complexities and protect their interests. Contracts are the backbone of business transactions, and understanding their nuances can save organizations from potential disputes and financial losses. This blog post will explore the importance of contract advisory, key considerations for UAE businesses, and practical strategies to enhance co