With the coming into force of the 2020 Arbitration Act, Tanzania certainly has the potential to become a go-to place for international arbitration, at least in Eastern Africa. In addition to its favourable geographical location, now the country also has modern arbitration legislation largely based on the well-established and often tested English model. Section 1…

The answer to the question of how to recognize and enforce foreign arbitral awards in currently at least 164 jurisdictions worldwide usually starts with a reference to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). Not so in the Kingdom of eSwatini, one of the few…

On 3 February 2020, the Republic of Seychelles became the 162nd Contracting State of the New York Convention (already followed by Palau as number 163, reported here). The New York Convention thus comes into force for the Seychelles today (Article XII(2) New York Convention). The Cabinet and the National Assembly had approved the accession on…

The 1981 French Arbitration Law did not contain a provision covering the form or the proof of an international arbitration agreement. The former Article 1499 of the Code of Civil Procedure (“CCP”) indirectly addressed the issue of form by stipulating, in the context of the recognition and enforcement of awards, that the existence of an…

Paul Hobeck and Christian Stubbe explained that internationally operating companies fear a “surprising interpretation of the term public policy” 1)“eine überraschende(…) Auslegung des Begriffs Ordre Public“, Hobeck / Stubbe, Genese einer Schiedsklausel (The Genesis of an Arbitration Clause), German Arbitration Journal (SchiedsVZ) 2003, p. 15, 19. when it comes to the recognition and enforcement of…

In an analysis published last year, the Georgian authors Mgalobishvili and Kiknavelidze concluded that “there is no doubt that Georgia needs a lot of time and efforts in order to be finally established as a country friendly towards arbitration […].” 1)Mgalobishvili/Kiknavelidze, The legal framework of arbitration in Georgia, Arbitrażowe Aktualności – Biuletyn Arbitrażowy, Sąd Arbitrażowy…