We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases; we also add a brief glimpse of the articles of the next issue:
In his message, ASA President Felix DASSER identifies the issues that really matter when assessing how arbitration-friendly seats are in relation to annulment proceedings.
Julia JUNG examines the proposition of investor-State mediation, recent developments in the field as well as a number of related practical aspects.
Bernard HANOTIAU and Leonardo OHLROGGE look back at the Dow Chemical award, which is said to be at the origin of the so-called “group of companies doctrine”, and its implications.
Johannes LANDBRECHT and Andreas WEHOWSKY explain why arbitration is well suited for resolving disputes arising out of blockchain technology and smart contracts and recommend mechanisms to accommodate for the specific needs of blockchain and smart contract disputes.
Irma AMBAUEN focuses on the three only successful challenges of arbitral awards brought before the Swiss Federal Supreme Court on the ground of ultra petita since 1989 and whether awarding a sum of money in a currency other than that requested by claimant violates the principle of ne ultra petita.
Charles T. KOTUBY Jr and Alberto POMARI highlight some of the key features of the 2021 reform of Italy’s arbitration law and analyses whether they bring Italy in line with other, preferred arbitral seats.
Nicolas CURCHOD examines the relationship between arbitration and litigation and argues in favor of an alternative, collaborative approach under which domestic courts and arbitral tribunal work together as partners.
Alexandre LAUTE offers a “Swiss” perspective on the arbitration rules of the 2021 Nordic Offshore and Maritime Arbitration Association by comparing these rules with the arbitration rules of the Swiss Arbitration Centre.
Süheylâ BALKAR analyses the applicability of Turkish Law No. 805, which requires mandatory use of Turkish in economic enterprises to agreements, particularly arbitration agreements.
DECISIONS OF THE SWISS FEDERAL SUPREME COURT
- 4A_464/2021 of 31.01.2022 [New fact – Allegedly forged document – Public policy]
- 4A_406/2021 of 14 02.2022 [Sun Yang doping ban – Allegedly missed deadline for appeal against CAS award goes to admissibility, not jurisdiction – Replacement arbitrators not required to allow new pleadings or evidence – Page limitations]
- 4A_476/2020 of 5.01.2021 [Denial of justice v. res judicata – ECHR not directly applicable]
- 4A_348/2020 of 4.01.2021 [Award upheld after two previous annulments – Discretionary contract termination found to be valid but triggering damages for abuse of right]
- 4A_292/2019 of 16.10.2019 [Permissible contacts between counsel and arbitrator – IBA Guidelines on Conflicts, and on Party Representation]
- 4A_167/2021 of 19.07.2021 [Pacta sunt servanda – Binding force of contracts – Good faith, expropriation without compensation]
A GLIMPSE AHEAD
The third issue of 2022 will contain, among others, the following contributions:
- Marlena HARUTYUNYAN, The Revised ICSID Rules: A Further Step Towards Transparency and Efficiency
- Hansjörg STUTZER, The Ongoing Duty to Disclose and the Taciturn Chairwoman. Case Note on Swiss Federal Supreme Court Decision 4A_462/2021
- Emilie MCCONAUGHEY, Nicole CHALIKOPOULOU, Space Law and Arbitration. A Not-So-Outlandish Space Odyssey