Arbitration rewards procedural vigilance. A party that believes a tribunal lacks jurisdiction usually cannot stay silent, contest the merits, and only later invoke the objection if the case turns unfavourable. Typical jurisdictional objections that may be raised in arbitration include: No valid arbitration agreement; A party is not bound by the arbitration agreement; The tribunal […]
Law 2540/2025: A Significant Expansion of Arbitral Power
Colombia has adopted one of the most ambitious arbitration reforms in recent years. Law 2540/2025 introduces arbitration for enforcement proceedings (arbitraje para procesos ejecutivos), and, in doing so, extends arbitration beyond adjudication into an area traditionally associated with courts. The law’s stated objective is to contribute to the decongestion of the judicial system, but its […]
Construction Arbitration: War, Delay Claims, and Rising Project Costs
The ongoing U.S.-Iran conflict is restricting shipping, energy, and payment conditions throughout the Gulf. Construction projects in the Middle East are already experiencing impacts on procurement, scheduling, cash flow, and claims. When construction clients discuss the U.S.-Iran war, the conversation quickly turns to practical issues. They are less worried about geopolitics and more focused on […]
State Immunity and ICSID Awards: The UK Supreme Court Joins International Consensus on Enforcement
On 4 March 2026, the Supreme Court of the United Kingdom (the “Supreme Court”) held in Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and Republic of Zimbabwe v Border Timbers Ltd that Spain and Zimbabwe (the “States”) could not invoke state immunity to resist the registration in England of ICSID awards rendered against them. The […]
Singapore’s High Court Rejects Spain’s State Immunity Defence (NextEra Energy v Spain [2026] SGHC 43)
In NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V. v Kingdom of Spain [2026] SGHC 43 (“NextEra v Spain”), the High Court of Singapore held that Spain was not entitled to state immunity in proceedings to register and enforce an award rendered under the Convention on the Settlement of Investment Disputes between […]