On 5 November 2014, the French Cour de Cassation, overruled a decision of the Paris Court of Appeal for having reversed the burden of proof in a case involving a non-participating party. With this victory before the French Supreme Court, Yukos Capital (“Yukos”) is one step closer to the enforcement of an arbitral award against…

As a fitting tribute to the vision of the first dedicated arbitration education institution, the School of International Arbitration (SIA) marked its 30th anniversary with a two day conference looking back and looking forwards. Entitled “The Evolution and Future of International Arbitration: The Next 30 years”, it brought together over 200 graduates, academics and practitioners…

The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s law firm.1)Dr. Pair works at LP-Legal in Zürich, Switzerland. She is licensed to practice law in the US, Germany and Switzerland, and teaches at the Universities of Geneva and St. Gallen. Consolidation of multiple…

On 28 February 2014, the Regional Court of Munich rendered a decision in the matter opposing German speed skater Claudia Pechstein to the ISU (Judgment of the Regional Court of Munich I, Case Number 37 O 28331/12; the judgment is not final). This decision is sending waves through the sports arbitration community. In a matter…

and Nikki O’Sullivan, Senior Associate at Berwin Leighton Paisner LLP In a recent decision of the English Commercial Court, Flaux J restated the general principle that the focus of an enquiry under Section 68 of the Arbitration Act 1996 (“the Act”) is to ascertain whether due process has been observed in the making of an…

In a recent decision of the Swiss First Civil Law Court (X._____ v. Y.______, 4A_669/2012), an arbitral award was annulled on the basis that the arbitrator had violated the appellant’s right to be heard. Although the decision applies Swiss Federal law, the decision is relevant to practitioners in other jurisdictions which allow for annulment of…

With the release of the Dissenting Opinion in Abaclat v. Agentina, we now have the benefit of a forceful critique of the majority’s decision that the Abaclat Tribunal has jurisdiction to hear the claims of over 60,000 Italian investors against Argentina under the ICSID Convention and the Argentina-Italy BIT.  Professor Georges Abi-Saab’s Dissenting Opinion (the…

In its 4 August 2011 Decision on Jurisdiction and Admissibility, the majority of the Tribunal in Abaclat and Others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic affirmed that it had jurisdiction to hear the claims of over 60,000 Italian investors against Argentina arising out of Argentina’s default on various sovereign…

The escalation of costs and delays in international arbitration and the consequent dissatisfaction of the system’s users have become prime subjects for users of and commentators on international arbitration.1)See, for example, Jean-Claude Najar, ‘Inside Out: A User’s Perspective on Challenges in International Arbitration’, Arbitration International, 25 (2009) 515, 517. An informal study by the Corporate…

In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed an appeal withdrawn after the appellant had failed to pay the advance on costs. I indicated that I did not know what had happened to…

Sports arbitration is becoming an increasingly important field. In Switzerland, where the Court for Arbitration for Sports is located, the Swiss Supreme Court is seeing lately nearly half of its cases coming from the CAS. Sports arbitration, however, gives rise to a specific concern with respect to the issue of consent. Often, athletes find themselves…