Challenges and appeals

Tennis players oppose sending antitrust claim to arbitration

Law360, London: A group of professional tennis players is contesting applications by the organisers of two of the sport's largest competitive events to dismiss the players' union from their New York federal antitrust claim and forcibly make them arbitrate their claims accusing the organisers of running an illegal 'cartel'.

Arbitration weekly highlights—4 September 2025

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England and Wales, India and Hong Kong, updates from UNCTAD, CAM, SCIA, SCIAHK, PCA, AfAA and CRCICA, and analysis of the recent ICJ Advisory Opinion on states’ obligations on climate change, reporting on the first ICSID claim against the UK, and commentary on the recent surge of data centre construction and the potential new wave of international arbitrations relating to the data industry. All this, and more, in our weekly highlights.

PCA publishes contribution to 2025 report of UN Secretary-General on oceans and the law of the sea

The Permanent Court of Arbitration (PCA) has published its contribution to the 2025 report of the UN Secretary-General on oceans and the law of the sea. The document highlights the PCA's recent initiatives and ongoing work in maritime dispute resolution, as well as related outreach activities and educational initiatives through conferences and lectures over the past year. The report provides updates on two ongoing Ukraine-Russia arbitrations under the UN Convention on the Law of the Sea (UNCLOS): the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait, Case No 2017-06, instituted in September 2016, and the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen, Case No 2019-28, instituted in April 2019, where Russia suspended participation following disputed arbitrator appointments. The PCA also reports signing new Host Country Agreements with Brazil and Ecuador, and the addition of Vanuatu, Timor-Leste and Armenia as member states. The PCA is currently administering 215 cases, including seven inter-state arbitrations.

India—A non-signatory to arbitration agreement has no legal right to remain present in arbitration proceedings (Re Kamal Gupta)

Arbitration analysis: A non-signatory to an arbitration agreement will have no right to participate when the proceedings are not in relation to rights or properties affecting him, and the award does not have any binding effect in relation to his rights. Allowing a non-signatory to remain present will result in a breach of party autonomy and the confidentiality of arbitration proceedings. A non-signatory to the arbitration agreement cannot invoke the inherent powers of the court under general procedural law to claim a right to remain present in the arbitration proceedings. The Indian Arbitration Act is a self-contained code regulating every aspect of its proceedings, and if it does not provide for something implicitly, then it excludes it explicitly. Written by Dipen Shah, senior arbitration and construction counsel, solicitor England and Wales, India.