2023

Arbitration weekly highlights—5 June 2025

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England, Netherlands and Singapore; updates from the LCAM and JAMS; and coverage of the White & Case and QMUL 2025 International Arbitration Survey report. All this, and more, in our weekly highlights.

JAMS publishes updated labour arbitration rules

The Judicial Arbitration and Mediation Services (JAMS) has published the Labour Arbitration Rules, effective from 4 June 2025. The rules govern the binding arbitration of labour disputes where parties have agreed to their use in collective bargaining agreements or post-dispute arbitration agreements. Administered by JAMS and its National Arbitration Committee, the rules outline the procedures for initiating arbitration, selecting arbitrators and conducting hearings. The rules address confidentiality, representation, jurisdictional challenges and the enforcement of awards. JAMS retains discretion over administrative matters and may amend the rules without notice. Additionally, the rules emphasise party autonomy, allowing parties to agree on alternative procedures consistent with applicable law. Provisions are included for expedited procedures, sanctions for non-compliance and the allocation of fees. Arbitration awards are deemed final, with conditions specified for reopening or waiving hearings.

COMBAR to host lecture on Arbitration Act 2025 and jurisdictional developments

The Commercial Bar Association (COMBAR) will host a lecture on 16 June 2025, examining the Arbitration Act 2025 and related developments in arbitration law. Sir Richard Aikens, Ricky Diwan KC, and Salim Moollan KC, will discuss the law applicable to arbitration agreements, jurisdictional re-hearings, and stays of court proceedings. The lecture will take place at the Inner Temple Lecture Theatre and is open to members of COMBAR, the Chancery Bar Association, and the Technology and Construction Bar Association.

Dutch Court of Appeal—court orders investor to withdraw claim in BIT-arbitration (Poland v LC Corp)

Arbitration analysis: On 22 April 2025, the Amsterdam Court of Appeal granted Poland’s request for an order prohibiting a Dutch investor from pursuing a claim for expropriation in London-seated arbitral proceedings administered by the Permanent Court of Arbitration (PCA). The court’s order is immediately enforceable and requires the Dutch investor to cooperate in a joint request to the arbitral tribunal to terminate the ongoing arbitral proceedings within two weeks of the judgment date. A penalty of €100,000 per day will become payable to Poland for every day the Dutch investor fails to comply with this order. The court further declared that the offer to arbitrate contained in the Dutch Polish Bilateral Investment Treaty (BIT) was invalidated by the Court of Justice decision in Slowakische Republik v Achmea BV Case C- 284-16, and the joint statement of EU Member States on 15 January 2019, which stated that any offer to arbitrate intra-EU investment disputes violates EU law. The court order, effectively blocking an intra-EU investment arbitration, is a first for the Dutch courts. Written by Hetty de Rooij, lecturer and external PhD researcher at Leiden University.