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, Climate Change – Practice Change?

In his message, ASA President Felix DASSER, drawing on the lessons learnt from the recent ASA winter conference on ESG and disputes, considers the role of arbitration in climate-related disputes and the impact of climate change on arbitration practitioners.

 

Despina MAVROMATI, The Appeal Procedure Before the CAS. Key Insights and Practical Tips

Since its creation by the International Olympic Committee in 1984, the Court of Arbitration for Sport (CAS) has evolved into an independent arbitral tribunal and the “supreme court” of sports-related disputes at the international level, administering several hundred of cases every year. The CAS functions predominantly as an appellate tribunal, reviewing decisions rendered by the internal tribunal of sports federations. Such appeal mechanism differs from commercial arbitration in many aspects. Despina MAVROMATI takes us through the specificities of the appeal procedure before the CAS in light of the latest amendment of the CAS Code in November 2022, with a focus on the key procedural aspects that counsel without previous experience in sports arbitration should bear in mind.

 

Hanne AARSHEIM, David SANDBERG, Revision of the SCC Arbitration Rules 2023

The SCC Arbitration Institute has published revised versions of its Arbitration Rules which entered into force on 1 January 2023. Hanne AARSHEIM and David SANDBERG present the 2023 SCC Arbitration Rules and the changes introduced by this latest revision, which include an explicit right for the arbitral tribunal to decide on remote hearings, clarifications on what shall be included in the statement of claim and statement of defence and a possibility for the arbitral tribunal to terminate the proceedings by way of an order instead of by an award in certain cases, including when the advance on costs has not been paid.

 

Nils SCHMIDT-AHRENDTS, Dirk WIEGANDT, BGH Takes a Close ‘Second Look’ at an Arbitral Tribunal’s Application of Core Antitrust Rules. BGH, Decision of 27 September 2022 – KZB 75/21

Nils SCHMIDT-AHRENDTS and Dirk WIEGANDT report on an important decision of the German Federal Court of Justice (BGH) rendered on 27 September 2022, in which the BGH partially quashed an arbitral award for violating public policy due to the wrong application of core antitrust rules. The BGH ruled that awards are subject to a full review in fact and law by state courts in annulment proceedings as regards the proper application of core antitrust rules.

 

DECISIONS OF FOREIGN COURTS

 

DECISIONS OF THE SWISS FEDERAL SUPREME COURT


________________________

To make sure you do not miss out on regular updates from the Kluwer Arbitration Blog, please subscribe here. To submit a proposal for a blog post, please consult our Editorial Guidelines.


Kluwer Arbitration
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.