Richard G. Allemann, Author at Kluwer Arbitration Blog

Independence and Impartiality, Switzerland

No Post-Award Duty of Independence and Impartiality: Proving Arbitrator Bias in Revision Proceedings Before the Swiss Federal Supreme Court

Stefanie Pfisterer, Richard G. Allemann (Homburger)/September 20, 2024September 18, 2024 /1 Comment

On 11 June 2024, the Swiss Federal Supreme Court (the “Court”) rendered another pair of decisions in the high-stakes arbitration saga Crescent Petroleum Co. International Ltd. (“Crescent”) v. National Iranian Oil Company (“NIOC”) (decisions no. 4A_288/2023 and 4A_572/2023). The Court rejected two separate applications for revision by NIOC, requesting revision of an interim award following…

Company Law, Corporate disputes, Federal Supreme Court of Switzerland, Shareholder Resolutions, Shareholders Arbitration, Swiss Civil Procedure Code, Swiss Private International Law Act, Switzerland

Setting the Ground for Corporate Arbitration in Switzerland: Swiss Parliament Approves New Rules for Arbitration of Corporate Law Disputes

Richard G. Allemann (Homburger)/August 17, 2020August 19, 2020 /Leave a comment

One of the spillovers from arbitration’s popularity for the resolution of commercial disputes has been a steady increase in the use of arbitration provisions in corporate governance documents such as articles of association (“AoA”) or bylaws. Global public companies such as Royal Dutch Shell plc, Kone Oyj or Petrobras SA are prominent examples of this…