INTRODUCTION Contributed by: Gary Born and Matteo Angelini, Wilmer Cutler Pickering Hale and Dorr
tory rule that the arbitration agreement is governed by the law of the seat, absent an express choice of law. As a consequence, parties who choose London as an arbitral seat – absent an express choice of law applicable to the arbitration agreement – now know that any dispute as to the scope or validity of the arbitration agreement will benefit from an arbitration- friendly jurisdiction, offering a robust legal framework that supports and facilitates the arbitration process, and where arbitration agreements are respected and enforced. Other key changes include the strengthening of arbi - trator powers to make awards on a summary basis and to issue peremptory orders and a codification of the arbitrator’s duty of disclosure. New Arbitral Rules In 2025, the SIAC introduced new arbitration rules. One of the key changes in the SIAC Rules 2025 is to enhance its emergency arbitration procedure by permitting an emergency arbitrator to order ex parte interim relief. SIAC is one of the first major arbitral institutions to permit an emergency arbitrator to order interim relief on an ex parte basis. Other key changes include: (i) new rules on third-party funding to give tribunals wide-ranging powers to require details of third-party funding arrangements, (ii) a new “prelimi - nary determination” procedure and (iii) a new “stream - lined procedure” for disputes of low value. These new provisions all improve the time, cost-efficiency and attractiveness of SIAC arbitration. In 2024, the HKIAC approved a new set of rules. These rules are noteworthy for the additional pow - ers and duties they confer on the HKIAC. Under the 2024 Rules, the HKIAC may “take any measure nec - essary to preserve the efficiency or integrity of the arbitration”. This includes powers to suspend or cease administration of the arbitration and, in exceptional circumstances, to revoke an arbitrator’s appointment if the HKIAC concludes that an arbitrator has failed to fulfil their function. The new HKIAC Rules also contain new provisions addressing information security, the environmental impact of legal proceedings, multi-con - tract scenarios and additional powers for emergency arbitrators.
The Saudi Center for Commercial Arbitration (SCCA) issued a new set of updated rules in 2023. Impor - tantly, the 2023 Rules provide for the establishment of an SCCA court to perform an administrative role to support arbitrations that are administrated under the SCCA rules. The SCCA also provides for an online dispute resolution system for the resolution of low- value disputes as well as an electronic filing system. The 2023 Rules are some of the most advanced rules in terms of embracing the use of modern technology to improve the efficiency of the dispute resolution process. The Kingdom of Saudi Arabia followed up by issuing an updated Investment Law in 2024 that facilitates the establishment of foreign investments in Saudi Arabia. More recently, in 2025, the Council of Ministers of the Kingdom of Saudi Arabia approved a resolution to strengthen and modernise the country’s arbitration laws and promote Saudi Arabia’s attractive - ness as a sophisticated and arbitration-friendly seat in the Middle East. All these measures are intended to provide an attractive investment climate for foreign investors. The Shanghai International Economic and Trade Arbi - tration Commission (SHIAC), a leading arbitral institu - tion in the PRC, introduced new arbitration rules with effect from 1 January 2024. The 2024 Rules provide for emergency arbitration and interim relief, expanded provisions on joinder and consolidation, online arbitra - tion using SHIAC’s e-platform, and for the publication of awards with party consent. The Development of Arbitral Jurisprudence National apex courts have recently delivered several judgments that have had a meaningful impact on the development of arbitral jurisprudence. Perhaps the most prominent of these that captivated the attention of the arbitration community were rendered by the UK and US Supreme Courts. CC/Devas (Mauritius) Ltd v Antrix Corp. Ltd In June 2025, the US Supreme Court issued a sig - nificant decision with respect to the federal court’s jurisdiction over the enforcement of foreign arbitra - tion awards against a sovereign under the Foreign Sovereign Immunities Act (FSIA). The Supreme Court overturned the Ninth Circuit’s decision and held that, under the FSIA, personal jurisdiction exists over a
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