Maija Tipaine, Author at Kluwer Arbitration Blog

Latvian Constitutional Court: Absence of a Mechanism for Setting Aside of Arbitral Awards Violates the Rights to a Fair Trial

Maija Tipaine, Toms Krūmiņš (COBALT)/March 22, 2023March 20, 2023 /Leave a comment

On February 24, 2023, the Latvian Constitutional Court issued a long-awaited Judgement in case 2022-03-01 confirming that the current control mechanism over arbitration in Latvia is incomplete and unconstitutional. This means that the government will now be required to introduce a procedure for setting aside arbitral awards made by tribunals seated in Latvia. Background…

Ad hoc arbitration, Arbitration, Arbitration Agreements, Arbitration institution, Arbitration Proceedings, International arbitration, Latvia, Validity

Arbitration in Latvia: Was a Restart a Failure?

Maija Tipaine, Liga Fjodorova (COBALT)/January 25, 2016March 20, 2023 /Leave a comment

Latvian courts annually enforce approximately 1000 arbitral awards. Just a few years ago this number was even higher – reaching 7000 requests in 2004 (statistics of the Court Information System available here) – since also consumer disputes could have been submitted to arbitration, as non-negotiated arbitration clauses were not presumed to be unfair and thus…