CIETAC arbitration

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The best known of the Chinese arbitral institutions is the China International Economic Trade Arbitration Commission (CIETAC), which was formed in 1954 to support China’s growing trade and economic relations with other countries. CIETAC is now one of the world’s leading commercial arbitration centres handling a very substantial caseload. CIETAC’s most recent administered arbitration rules took effect from 1 January 2024 (the

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Latest Arbitration News

French Courts reaffirm strict jurisdictional standards in investment arbitration—lessons from Üstay v. Libya

Arbitration analysis: In Üstay v. Libya, the French Cour de cassation held that the Paris Court of Appeal erred in upholding ICC tribunal jurisdiction under the 2009 Turkey-Libya BIT (the ‘BIT’) by failing to apply the BIT’s temporal and material limits to claims based on a 2013 settlement tied to a decades-old infrastructure project. Although the Court of Appeal characterised the non-performance of the 2013 settlement as a new, autonomous dispute arising after the BIT entered into force, the financial claims could only be covered by the treaty if they remained connected to a qualifying investment. The Cour de cassation held that the settlement dispute could not be treated as both a new dispute for temporal purposes (ratione temporis) and at the same time as directly arising from the investment for material purposes (ratione materiae) without coherently reconciling those conclusions. Since the Court of Appeal failed to address this inconsistency, the Cour de cassation partially quashed the ruling on this point and remitted the matter for reconsideration under the treaty framework. This decision follows the Cour de cassation’s earlier ruling in Etrak v. Libya on nearly identical facts and the same BIT, reflecting consistent judicial scrutiny of claims based on settlements or restructuring of longstanding disputes [Cour de cassation 1re civ-N° 23-14.368]. For practitioners, Üstay is a clear warning that post-dispute settlements will face rigorous, treaty‑text‑driven scrutiny in Paris-seated arbitrations before triggering treaty arbitration rights, underscoring the need for careful evaluation of the substance and timing of claims against BIT thresholds. Written by Clément Fouchard, partner at Reed Smith LLP, and Adam Calloway, jurist at Reed Smith LLP.

Arbitration analysis battle of the arbitration seats—contrasting the 2025 English Arbitration Act reform with France’s reform proposal

(26 January 2026, 7:17 AM EST)—By José Feris and Natalia Rodriguez Alvarez

French Annulment Decision confirms a pro arbitration approach by the Paris Court of Appeal and Affirms Arbitrators’ Authority to Refine and Order Effective Remedies

Arbitration analysis: Arbitrators’ authority to order specific remedies is not precluded by the broad wording of a claim, as held in substance by the Paris Court of Appeal in its decision of 13 January 2026. Under French law, the scope of arbitrators’ powers is limited by the subject matter of the dispute, which is in turn defined by the parties’ claims. Accordingly, a ruling ultra petita exposes the award to annulment. In this case, the court dismissed the application for annulment and upheld an ICC partial award, holding that the arbitral tribunal had not exceeded its powers by translating a request for good-faith performance and cooperation, subject to a per diem penalty (astreinte), into a more detailed order to execute an agreement and complete the related formalities, since these measures were provided for in the contract and had been addressed in the claimant’s submissions. This decision therefore confirms the discretion that arbitrators have when specifying the modalities of performance needed to give effect to the relief granted, even where these are not expressly requested, provided they remain consistent with the contract and the claims made. Written by Sara Nadeau-Seguin, partner and Yassine Alaoui, associate at Teynier Pic.

ICC publishes guidance on expedited arbitration procedures based on eight years of case analysis

The International Chamber of Commerce (ICC) has published new guidance on expedited arbitration procedures, drawing on an analysis of nearly 800 cases administered since the provisions were introduced in 2017. This guidance is presented in three separate publications: a report that reviews eight years of experience, a toolkit designed for arbitrators and a statistical factsheet.

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