The Extension of the Arbitration Clause: Update from Portugal
…parties to arbitration. The rationale is quite simple: if the objection consisting of the existence of an arbitration clause is raised before the state court, the court shall apply a…
Search Results for: supreme arbitrazh court
The Jnah vs. Marriott Case: The Never-Ending Story? Latest Episode with the 18 March 2015 Decision Of The French Cour de Cassation
…a new chapter to this epic story by quashing the 17 December 2013 Paris Court of Appeal decision. The Court of Appeal had previously set aside an arbitral award rendered…
In Commercial Arbitration, Should Arbitrators Be Exclusively at the Service of the Parties?
…disregard entire categories of laws which may be substantively relevant to settle the parties’ claims. In the words of the US Supreme Court, “[b]y agreeing to arbitrate a statutory claim,…
England and Wales: Arbitrability of Claims which Involve Alleged Criminal Conduct
The recent Court of Appeal of England and Wales (“the Court”) judgment in the case of The London Steamship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and…
Restrictive Tendencies in Hungarian Arbitration Law – Arbitration Agreements Are Not Enforceable Against Companies under Involuntary Liquidation
…case of the German federal Supreme Court under No III ZR 33/00, CLOUT Case 404). The Supreme Court took a substantial step further, when it decided solely on the formal…
New Belarusian Resolution on the Recognition and Enforcement of Foreign Arbitral Awards: Is There No Rose Without a Thorn?
Co-Authored with Karyna Loban (Sysouev, Bondar, Khrapoutski) On 23 December 2014, the Plenum of the Supreme Court of the Republic of Belarus adopted Resolution No 18 “On the Application of…
From Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft Model Indian BIT
…arguably include the Court system and all tax measures by the Host State. The Draft BIT’s exclusion of disputes arising out of commercial contracts which have a specific dispute settlement…
Multilateral Investment Treaties in the MENA Region: The Next Big Thing?
…such requirements could give rise to responsibility before the Arab Investment Court (see below). Dispute resolution options • OIC Agreement: The OIC Agreement provides that an “Organ” for the settlement…
Upholding Delocalized Enforcement of ICSID Awards
…may supersede an existing treaty. However, the court invoked the Charming Betsy canon of statutory interpretation, the rule that wherever possible, a U.S. court should interpret a statute to avoid…
Conference report on Wendy Miles’ keynote speech at the YAF/YAPP conference in Vienna (28 March 2015): “The Role of Young Arbitrators in the Rule of Law”
…from two other distinguished legal minds of our time, Lord Neuberger, the President of the UK Supreme Court, and Geoffrey Ma, the Chief Justice of the Hong Kong Court of…
Amicus Curiae, European Commission, European Law, European Union, Fair and Equitable Treatment, ICSID Arbitration, ICSID Convention, Injunction, Investment Arbitration, Review on the merits, Romania, Sweden, Uncategorized
About the Ostrich, the Micula Brothers and other European Fables
…European Commission has played different roles; while in some cases the Commission has been characterised as a friend of the court (amicus curiae) it has also adopted a more adversarial…
Launch of the first extensive commentary of the CAS Rules by Despina Mavromati & Matthieu Reeb
The Court of Arbitration for Sport (CAS) is pleased to host a launch for a new book by Despina Mavromati & Matthieu Reeb, “The Code of the Court of Arbitration…
Arbitration of Cross-Border M&A Disputes
…proceedings and awards. The Hong Kong Arbitration Ordinance (Cap 609) extends the protection of confidentiality to cover arbitration-related court proceedings and judgments, and therefore offers the highest level of protection…
Arbitrability, Arbitral Award, Arbitration clause, Consumer contracts, Interim Orders, Public Policy, Set aside an arbitral award, Slovakia
The New Slovak Arbitration Act Applicable From January 2015: Has It Progressed Sufficiently?
…Slovakia. Arbitration Clause: In this matter, the SAA reflects the decision of the Slovak Supreme Court (2 Cdo 245/2010 of 30 November 2011, Slovak Supreme Court), which was later followed…
From Iura Novit Curia to Zeno’s Paradox of Motion
…and the defendant argued ‘B’, under iura novit curia the tribunal can perfectly decide under legal reasoning ‘C’. The Supreme Court of Switzerland was the first body to uphold the…
Indirect Enforceability of Emergency Arbitrator’s Orders
…In this case, the court addressed a request to vacate a decision of an emergency arbitrator. The court denied jurisdiction purporting that the decision was not final and binding for…
Arbitral Award, Dubai, Enforcement, Germany, ICC Arbitration, New York Convention, Recognition and enforcement of arbitral award, United Arab Emirates
Dubai Court of Cassation further consolidates pro-NYC enforcement practice
…of the pro-Convention approach previously taken by the Court of First Instance and the Court of Appeal. The Court of Cassation was satisfied that the terms of the NYC found…
State Courts’ Decisions on Reduction of Arbitrators’ Fees: Comparing Apples to Apples or Apples to Oranges?
…“LAV”), any party may request the competent state court to reduce the amount of the fees fixed by the arbitrators if they were not agreed before the constitution of the…
Egypt: New Investment Law – ADR for Investor-State Disputes
…14 since the 2011 uprising. Accordingly, a new chapter is added to the Investment Law creating alternative out-of-court forums to amicably settle investor-state disputes. Furthermore, the reference in the Investment…
Dubai Issues Judgment in Support of International Arbitration
…of the Court of First Instance. The Respondent challenged the appeal court’s decision before the Dubai Court of Cassation. The Dubai Court of Cassation On 23 November 2014, the Dubai…
Are All Institutional Rules Now Basically The Same?
…or not the dispute goes to a hearing. Under the ICC Rules, the ICC International Court of Arbitration (the “ICC Court”) fixes both the arbitrators’ and the institution’s fees on…
Arbitral Award, Enforcement, England, English Law, Set aside an arbitral award, Set aside an international arbitral award
Enforcement of an Award Set Aside: the So-Called “Preferred Approach” and its Application under English Law
…and the Court’s Decision When dealing with the issue of the effect of the Cairo Court’s Decision, the Court proceeded on two assumptions, which were later in the Decision addressed…
Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong
…argument in bringing a second arbitration, whilst claiming that the arbitration agreements had been spent, did not persuade the court. The judge stayed the court proceedings and ordered that the…
DIFC, Dispute Resolution, Dispute resolution clause, New York Convention, Recognition and enforcement of arbitral award, UAE
DIFC Courts Practice Direction No. 2 of 2015: Adopted at Last!
…was finally adopted on 16 February 2015 and is now in full force. For conceptual accuracy, the more appealing title of “Practice Direction on the Conversion of DIFC Court Judgments…