We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:

 

ARTICLES

Felix DASSER, The Revised Swiss Lex Arbitri: A Story of Two Dozen Jewels

In his message, ASA President Felix DASSER commends the light touch revision of the Swiss lex arbitri which entered into force on 1 January 2021.

Hamish LAL, Brendan CASEY, Josephine KAIDING, Léa DEFRANCHI, Multi-Tiered Dispute Resolution Clauses in International Arbitration – The Need for Coherence

Hamish LAL, Brendan CASEY, Josephine KAIDING and Léa DEFRANCHI submit that more coherence is needed in the treatment of multi-tiered dispute resolution clauses in international arbitration.

Reto Andrea TETTAMANTI, Intertemporales Schiedsrecht. Die für die Revision des 12. Kapitels IPRG relevanten Übergangsbestimmungen

Reto Andrea TETTAMANTI examines the transitional law provisions applicable to the revision of Chapter 12 of the Swiss Private International Law Act (PILA), Switzerland’s lex arbitri.

Simon BACHMANN, The Impact §of Third-Party Funding on Security for Costs Requests in International Arbitration Proceedings in Switzerland. Why and how third-party funding should be considered under the Swiss lex arbitri

Simon BACHMANN assesses the impact of third-party funding on requests for security for costs in international arbitration proceedings seated in Switzerland.

Giulio PALERMO, Panagiotis KYRIAKOU, Leveraging the Standard of Ex Aequo et Bono to Increase Diversity, Flexibility and Efficiency: Insights from the Basketball Arbitral Tribunal

Giulio PALERMO and Panagiotis KYRIAKOU advocate in favour of the ex æquo et bono standard in international arbitration in light of the case law of the Basketball Arbitral Tribunal.

Andreea NICA, Case Note on the Decision of the Swiss Federal Tribunal in Clorox v. Venezuela

Andreea NICA presents the recent decision of the Swiss Federal Supreme Court rendered on 25 March 2020 in Clorox v. Venezuela (4A_306/2019), which is the first time an award in an investment treaty arbitration seated in Switzerland is set aside.

Samantha NATAF, Jurisdiction over Non-signatories, the Irreconcilable Approaches of French and English Courts. Case Note on: (i) English Court of Appeal Decision of 20 January 2020 and (ii) Paris Court of Appeal Decision of 23 June 2020

Samantha NATAF reports on two recent decisions of the English and French Courts relating to the enforcement of the same award which highlight the divergent approaches of the two jurisdictions regarding the law applicable to international arbitration agreements.

Mahmoud Anis BETTAIEB, Le juge tunisien et la promotion de l’arbitrage

Mahmoud Anis BETTAIEB discusses the important role played by the Tunisian judiciary in promoting arbitration as a private dispute resolution mode.

Nadia SMAHI, Due Process Under the Swiss Rules of International Arbitration

Nadia SMAHI analyses due process under the Swiss Rules of International Arbitration and provides an overview of all decisions rendered by the Swiss Federal Supreme Court in relation to Swiss Rules arbitrations seated in Switzerland since June 2012.

 

DECISIONS OF THE SWISS FEDERAL SUPREME COURT

 


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