We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and case; we also add a brief glimpse of the articles of the first issue of 2022.
In his message ASA President Felix DASSER invites arbitrators to call out counsel for overzealous lawyering and foster good faith in arbitration.
Boris CATZEFLIS and Dorothee SCHRAMM examine arbitration clauses included in the articles of association of Swiss joint stock and limited liability companies in light of the new Article 697n of the Swiss Code of Obligations as well as statutory arbitration clauses of foreign companies.
Johannes LANDBRECHT looks at the mechanisms available to coordinate consecutive or concurrent parallel arbitral and state court proceedings and whether adjustments to the Brussels Ia Regulation and the Lugano Convention are required in that regard.
David BOCHATAY makes a critical assessment of the legislator’s proposed repeal of article 372(2) of the Swiss Code of Civil Procedure governing lis pendens in case of parallel arbitration and court proceedings and suggests adopting a one-way lis pendens rule in favorem arbitri.
Candan YASAN-TEPETAŞ provides an overview of the iura novit curia principle in Turkish arbitration law, its application, and its limits.
Adama ZOROMÉ looks back at the jurisprudential developments prior to the Sapin II law of 9 December 2016, examines the changes introduced by this legislative reform and its impact on the seizabililty of assets located in France belonging to foreign States, and discusses its anticipated application.
Laya JONEYDI and Shahab JAFARI analyse the competence-competence principle in Iranian arbitration law and, specifically, under the 1997 Iranian Law of Commercial Arbitration (LICA), which is based on the UNCITRAL Model Law on International Commercial Arbitration.
The first issue of 2022 will contain, among others, the following contributions:
- Carine DUPEYRON, Michela LAVIANI MANCINELLI, The Emerging Practice of Assigning Arbitration Awards: Rationale, Structure and Potential Hurdles
- Céline Deborah KELLMANN, Choice-of-Law Rules Governing Preclusive Effects On Transcending Res Judicata’s State of Ambiguity in International Commercial Arbitration
- Robert BRADSHAW, Witness Credibility and the (Un)Reliability of Demeanour Evidence
- Harshal MORWALE, Appealing the SIAC Court’s Decisions on Arbitrator Challenges: A Case for Reassessing Rule 16.4
- Alexander HILLER, Arbitrating Government Contracts in Egypt. Observations on DIPCO v. Damietta Port Authority
- Caroline DOS SANTOS, Rewriting Investors’ Claim Labelled in USD in Near Worthless Syrian Pounds not Extra Petita or Violation of Public Policy. Swiss Supreme Court Decision 4A_516/2020 of April 2021
DECISIONS OF THE SWISS FEDERAL SUPREME COURT
- 4A_324/2021 of 03.08.2021 [COVID-19 no excuse for out of time appeal]
- 4A_209/2020 of 19.08.2020 [Post-termination dispute – No jurisdiction to lift opposition to debt collection proceedings (Rechtsvorschlag)]
- 4A_248/2019 of 29.07.2019 [Application for stay of enforceability of award]
- 4A_618/2020 of 02.06.2021 [No challenge based on violation of ECHR principles]
- 4A_36/2020 of 27.08.2020 [No revision of SCC award – Evidence obtained in US discovery could and should have been adduced in arbitration itself]
- 4A_563/2020 of 25.11.2020 [Termination of arbitration absent cost advances]
- 4A_156/2020 of 01.10.2020 [Investment treaty award – Right (obligation) to respond to unsolicited submission – Allegedly exorbitant cost award]
- 4A_322/2020 of 08.12.2020 [Failure to pay cost advance requested by Supreme Court – Annulment request struck from docket]
- 4A_174/2021 of 19.07.2021 [Arbitration agreement in an (allegedly) unsigned contract – Form requirements met – Illegality defense raised late]
- 4A_478/2020 of 29.12.2020 [Legitimate interest in annulment of award]
- 4A_600/2020 of 27.01.2021 [Compulsory arbitration clause in statutes]
- 4A_528/2019 of 07.12.2020 [Non-signatory claimant (third party beneficiary) entitled to extend arbitration clause to non-signatory defendant]
- 4A_95/2021 of 17.06.2021 [Enforcement – Choice between New York Convention and Swiss-Belgian bilateral treaty on recognition and enforcement]