Arbitration clauses are not always challenged directly. Often, the challenge is more subtle: a claimant brings court proceedings against both the contractual counterparty and an additional defendant who never signed the arbitration agreement, i.e., a non-signatory or third party. The question then becomes whether that party structure is enough to keep the dispute in court. […]
Singapore SICC Rejects Attempt to Set Aside Costs Award Denying Third-Party Funding Costs
In DTH v DTF [2026] SGHC(I) 5, the Singapore International Commercial Court (“SICC”) dismissed an application by successful arbitral claimants to set aside or remit the costs portion of a Singapore-seated arbitral award. The applicants had won the merits phase of the arbitration but failed before the arbitral majority to recover their third-party funding costs […]
FLOPEC v. Sudhaus: New York Convention Arbitration Prevails
In FLOPEC v. Sudhaus, the United States District Court for the Eastern District of Pennsylvania gave a clear reminder that an agreed arbitral forum is not easily displaced. The Court ordered arbitration under the New York Convention in a high-value Ecuadorian oil shipping dispute involving Flota Petrolera Ecuatoriana EP, a state-owned company, even though FLOPEC […]
Krimpets, Commerce, and Arbitration: The Supreme Court’s Latest FAA § 1 Decision
On 28 May 2026, the United States Supreme Court issued its unanimous decision in Flowers Foods, Inc. v. Brock, further clarifying the scope of the Federal Arbitration Act (“FAA”) § 1 exemption for transportation workers. The FAA requires courts to enforce private arbitration agreements. However, § 1 of the FAA provides an important exception for […]
Rwanda v. UK: PCA Tribunal Rejects Claims Over the Asylum Partnership Agreement
The PCA’s award in Rwanda v. United Kingdom turns a politically charged migration dispute into a careful lesson in treaty interpretation, diplomatic correspondence and the legal consequences of saying “acceptable” in a note verbale. Although the case arose from the Rwanda-UK Asylum Partnership Agreement (the “Asylum Partnership Agreement”), its importance extends beyond asylum policy. The […]