On 21 October 2026, the United States District Court for the District of New Jersey (the “Court”) denied an application by the Malawi Communications Regulatory Authority (“MACRA”) to confirm arbitral awards against Precisely Software Incorporated (“Precisely”). The Court held that Precisely had not been given proper notice of the arbitration and had established a defence […]
U.S. Court Rules That State-Owned Companies May Seek Enforcement of Arbitral Awards Against Foreign States
On 26 October 2026, the United States District Court for the District of Columbia (the “Court”) issued a memorandum opinion and order (the “Decision”) denying the Russian Federation’s (“Russia”) motion to dismiss proceedings brought by NJSC Naftogaz of Ukraine and other Ukrainian oil and gas companies (the “Companies”) seeking confirmation of an arbitral award exceeding […]
Annulment of the West African Aquaculture Award Against The Gambia
On 17 July 2026, an ad hoc committee (the “Committee”) of the International Centre for Settlement of Investment Disputes (“ICSID”) annulled in its entirety the award dated 25 March 2024 (the “Award”) against the Republic of The Gambia (“The Gambia”). The decision on annulment (the “Decision”) identified a gap in the reasoning supporting consent to […]
Can Arbitrators Cross-Examine Witnesses?
On 7 October 2026, the Ontario Superior Court of Justice (the “Court”) ordered the removal of an arbitrator from an ongoing construction arbitration in Atkinsréalis Construction (Pacific) Inc v GIP Construction Ontario East Ltd (“Atkinsréalis v GIP”). The Court held that the arbitrator’s prepared, adversarial questioning of the applicant’s two principal witnesses created a reasonable […]
Tullow Ghana v. Ghana: Tax Arbitration and Contractual Protections
In a final award dated 22 September 2026 (the “Award”), the arbitral tribunal in the dispute between Tullow Ghana Limited (“TGL”) and the Republic of Ghana (“Ghana”) rejected TGL’s contractual challenge to a USD 393.1 million tax-and-penalty assessment. The London-seated arbitration proceeded under the 2021 Rules of Arbitration of the International Chamber of Commerce (“ICC”) […]