Jurisdiction and applicable laws

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Jurisdictional issues arising in international arbitration

This Practice Note identifies some of the jurisdictional issues that often arise in international arbitration. It indicates how those challenges may arise and what recourse a party may have. See Practice Note: Jurisdictional issues arising in international arbitration.

Applicable laws in international arbitration

This Practice Note gives guidance on the important subject of the various laws that may apply in an international arbitration. It sets out the circumstances where different laws may apply and gives guidance as to how the relevant law will be identified. See Practice Note: Applicable laws in international arbitration.

Anti-suit injunctions in arbitration (England and Wales)

This Practice Note sets out what an anti-suit injunction is in the context of arbitration, how and when it might be used to restrain the breach of an arbitration agreement. It gives details of the English court's jurisdiction to grant such an injunction under both AA 1996, s 44 and SCA 1981, s 37 and the relationship between those provisions. The note gives information about the scope of an injunction (if awarded) and the court's approach

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Latest Arbitration News

Who decides what? Clarifying the boundaries of Appellate Control over Exequatur in France(France – Federative Republic of Brazil (União) v [J])

Arbitration analysis: On 8 January 2026, the Paris Court of Appeal, sitting through the conseiller de la mise en état, held that it lacked jurisdiction to determine the admissibility of a plea seeking annulment of an exequatur order on the basis of an alleged excess of power of the first-instance judge. According to the court, such a plea concerns the appeal itself and therefore falls within the jurisdiction of the Court of Appeal sitting as a full bench, rather than that of the conseiller de la mise en état acting alone. The order was made in proceedings concerning the exequatur in France of a partial award rendered in São Paulo under the auspices of the Câmara de Arbitragem do Mercado (CAM), in a shareholder dispute between minority shareholders of Petrobras and the Federative Republic of Brazil (the União). Although the ruling addresses a strictly procedural issue, it usefully clarifies the allocation of functions between the pre-trial judge (conseiller de la mise en état) and the appellate bench in proceedings brought against exequatur orders under article 1527 of the French Code of Civil Procedure. It confirms that a procedural argument seeking to invalidate the appeal (fin de non-recevoir), where that argument is in fact tied to the substance of the appeal itself, must be decided by the full bench and cannot be filtered out by a single judge at the pre-trial stage. The ruling therefore has practical implications for how parties should frame and time their procedural arguments in exequatur-related appeals. Written by Marie-Laure Cartier and Alexandre Meyniel, partners at Cartier Meyniel AARPI with Sami Kabbara, trainee lawyer at the Paris Bar Centre and intern at Cartier Meyniel AARPI.

Delos to host comparative contract law presentation on 24 March 2026 during Paris Arbitration Week

Delos has announced a presentation on comparative contract law to be held on 24 March 2026 as part of Paris Arbitration Week. The event will explore good faith, principles of contractual interpretation and change of circumstances. Leading practitioners will discuss the understanding and application of these concepts under English, French and German law, with a focus on underlying principles. Speakers will include Gustavo Moser of the LexisNexis UK Arbitration team, and Vivek Kapoor, Arbitration Consulting Editorial Board member. The event will be held at the Paris Arbitration Centre, with an online session available for remote participants.

Iceland notifies withdrawal from Energy Charter Treaty effective March 2027

The Energy Charter Secretariat has announced that Iceland has submitted written notification of its decision to withdraw from the Energy Charter Treaty (ECT). Under Article 47 of the ECT, the withdrawal will take effect one year after receipt of the notification by the Secretariat. Accordingly, Iceland’s withdrawal will take effect on 17 March 2027.

International arbitration (Tecnimont, KT-Kinetics Technology v TotalEnergies EP Italia)

Arbitration analysis: The Paris Court of Appeal dismissed a challenge to partially annul an ICC partial award arising from an EPC project dispute, holding that the tribunal’s decision to bifurcate proceedings on a ground not raised by the parties does not exceed its mandate where the applicable rules permit bifurcation. The court also dismissed challenges based on due process and international public policy, emphasising that the parties had ample opportunity to debate the bifurcation. This decision confirms the broad discretion afforded to arbitral tribunals in procedural management and the high threshold for annulment on this ground. Practitioners in construction and energy disputes should advise clients on bifurcation strategy early, as challenges to such decisions rarely succeed. Written by Clément Fouchard, partner at Reed Smith, and Mathilde Adant, associate at Reed Smith.

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