Balancing Public Policy Considerations And The Recognition Of Foreign Judgments

The Supreme Court recently delivered its judgment in Scully v Coucal Limited [2025] IESC 20, finding that the public policy exception to enforcement of foreign judgments under Article 45(1)(a) of Brussels I Regulation (Recast) (Brussels Recast) should be confined to special and exceptional cases.

A Polish judgment obtained by Coucal Limited (Appellant) on foot of an assignment of a bare cause of action, valid under Polish law, was found to be enforceable under Irish law. This was […]

By | February 7th, 2025 ||

China: First Cases In 2025: U.S. Courts Recognized CIETAC Arbitral Awards

On January 30, 2025, two arbitral awards issued under the auspices of the China International Economic and Trade Arbitration Commission (CIETAC) were recognized by the U.S. District Court for the Central District of California and the U.S. District Court for the Southern District of New York. This marked the first time U.S. courts granted recognition of CIETAC awards in 2025.

In both of these cases, the U.S. courts cited Section 207 of the U.S. Federal […]

By | February 5th, 2025 ||

Turkey: Arbitration In Corporate Law Disputes

Validity of Arbitration Clauses in the Articles of Association, Shareholders’ Agreements, and Joint Venture Agreements

In recent years, arbitration in corporate law disputes has become increasingly popular due to the significant advantages it offers over state courts, particularly in commercial matters. Arbitration provides a faster mechanism for dispute resolution, allows parties to appoint arbitrators with specialized expertise, and ensures flexibility and confidentiality throughout the proceedings. It also benefits from the New York Convention on the Recognition and Enforcement […]

By | January 24th, 2025 ||