Corporate disputes

Austria, Corporate disputes, Non-arbitrability, Set aside an arbitral award, Shareholder Resolutions

, (PARAGON Advocacy)/ /Leave a comment

The setting aside of an arbitral award is a rarity in the Austrian legal landscape. However, on 3 April 2024, the Austrian Supreme Court (the “ASC”) issued a landmark decision setting aside an arbitral award on the grounds of non-arbitrability of the subject matter. As explained below, the court’s reasoning is remarkable and its implications…

Arbitrability, Corporate disputes, Guatemala, Latin America, Party autonomy

(Deel ) and (Universidad Rafael Landivar)/ /Leave a comment

The Guatemalan Constitutional Court (“Court”) recently ruled that a dispute can be too complex for an arbitral tribunal to decide for the umpteenth time. For context, the Court has jurisdiction to rule on the constitutionality of Guatemalan laws upon the request of an interested party. In a recent decision, the Court was tasked with deciding…

Arbitration Proceedings, Corporate disputes, Dispute resolution clause, ISDS, Philippines, SIAC, Technology

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The Singapore International Arbitration Centre (SIAC) returned to Manila in full force in 2023. While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘SIAC Manila Conference 2023: Deep Dive into Arbitration Trends’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap…

Artificial Intelligence, Contract Drafting, Corporate disputes, HK Arbitration Week, HKIAC, Hong Kong, Private Equity

, (Davis Polk & Wardwell, Hong Kong Solicitors)/ /Leave a comment

On October 17, the second day of Hong Kong Arbitration Week 2023, Davis Polk hosted a panel discussion entitled “Investor Information Rights: All Bark and No Bite? Managing Their Effectiveness”. The panel considered a hypothetical case study covering the life cycle of an equity investment into a renewable energy company and explored the legal and…

Arbitration Act, arbitration rules, Corporate disputes, Intra-corporate disputes, Philippines

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Late last year, the Securities and Exchange Commission of the Philippines (“SEC“) issued its Memorandum Circular No. 8 (s. 2022) (“MC 8″). MC 8 gives effect to Section 181 of the Revised Corporation Code (“RCC“) and, among other things, specifies the role of the SEC in arbitrations involving intra-corporate disputes. Section 181 of the RCC…

Brazilian Arbitration Act, CAM-CCBC Arbitration Congress IX Edition, Corporate, Corporate disputes, Latin America

(Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados)/ /Leave a comment

The IXth Edition of the CAM-CCBC Arbitration Congress took place on 17 – 18 October 2022, in São Paulo, Brazil. The congress brought together practitioners to discuss “the today and the tomorrow” of the arbitration market. After two years of pandemic, the convention provided a unique forum to debate a wide range of topics, including…

Brazil, CBAr 21st, Corporate disputes, International Arbitration Procedures, Latin America, South America

, (Fialho Salles Advogados)/ /Leave a comment

In line with current discussions in Brazil’s arbitration community, especially in the context of Brazilian party leaders’ initiative to call for a vote on a controversial bill to amend the Brazilian Arbitration Act (“BAA“) on an urgent basis (previously covered here), one of the panels focused on the controversy of whether information regarding corporate arbitral proceedings…

Brazil, CBAr 21st, Climate change, Corporate, Corporate disputes, Environment, ESG, International environmental disputes, Latin America, South America

(Barbosa, Müssnich & Aragão Advogados – BMA)/ /Leave a comment

From 28 to 30 September 2022, the Brazilian Arbitration Committee – CBAr held its 21st International Arbitration Conference (“21st CBAr IAC” or “Conference”) in Rio de Janeiro. Considering the rising number of arbitration proceedings related to corporate disputes, the subject of this year’s Conference was “Arbitration and Corporate Law”. The 21st CBAr IAC was a…

Colombia, Constitutional proceeding, Corporate disputes, Diversity, Latin America

(National Legal Defense Agency of the State of Colombia)/ /Leave a comment

The first Colombian Arbitration Week was launched last week in Bogotá. The closing event comprised a panel discussing new challenges and perspectives of arbitration in Colombia. The discussion was moderated by Anne Mürrle (Partner, Mürrle Asesores) with the following panelists Cristina Mejía (Partner, Baker McKenzie), José Miguel Mendoza (Partner, DLA Piper), David Araque (Partner, Gómez…

Arbitrability, Arbitration, Corporate disputes, Turkey, Turkish Court of Cassation

, (Koç University Law School)/ /Leave a comment

Arbitration of commercial disputes is a common practice in Turkey, especially for those with an international element. The same, however, cannot be said for corporate law disputes, i.e. intra-corporate claims based on or concerning statutory rights, articles of association (“AoA”) or corporate resolutions. This has been the case due to a couple of judgments rendered…

Corporate, Corporate disputes, COVID-19, M&A, Merger

(Hogan Lovells)/ /Leave a comment

With cross-border M&A growing from $31 billion in 1985 to over $1.2 trillion in 2019, there is no doubt that there is a global appetite for such deals. While parties involved in M&A transactions generally expect to close deals smoothly and proceed with their respective businesses in peace, reality shows that disputes inevitably arise and…

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

(Homburger)/ /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…

Arbitration, Civil Procedure, Corporate disputes, Poland, Shareholder Resolutions

, (Sołtysiński Kawecki & Szlęzak)/ /Leave a comment

As discussed in our previous post (available here), Polish civil procedure, including arbitration law (contained in Part V of the Polish Code of Civil Procedure or ‘CCP’) has undergoing significant changes. This post focuses on those amendments that substantially modify the legal framework for arbitration of corporate disputes.   Problems with the Arbitrability of Shareholder…

Arbitrability, Arbitration Agreement, China, Company Law, Corporate disputes, Non-arbitrability, PRC, Scope of an arbitration agreement, Shareholders Agreement, Shareholders Arbitration

(Pepperdine Caruso School of Law, Straus Institute for Dispute Resolution)/ /Leave a comment

Introduction1)All citations of People’s Republic of China (“PRC”) sources refer to original Chinese language materials, except for the Tsinghua China Law Review. Title translations are provided by the author. Agreements governing the relationship of shareholders to each other and to the company (e.g., shareholders’, investment or subscription agreements) (collectively, “SHAs”) frequently address matters of corporate…

Arbitrability, Corporate disputes, Germany

, (Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

INTRODUCTION   Germany is considered as one of the most arbitration friendly jurisdictions in Europe if not world-wide, not least because the 1998 arbitration law is almost a verbatim translation of the UNCITRAL Model law. This arbitration-friendliness always encompassed also corporate disputes, safe for one minor, but important exception: arbitrations concerning the validity of shareholder…

Argentina, Corporate Counsel's view, Corporate disputes, HKIAC, SCC, SIAC, Uniform Commercial Code

(Allende & Brea)/ /Leave a comment

The complexity of M&A In recent years there has been an increase in M&A disputes. These are often complex because the underlying dispute can involve complicated business transactions between big companies that merge, are acquired, or form a joint venture. And more importantly, they can have a significant impact on the market (for example, the…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Corporate disputes, Pocket arbitrations, Russia

(Arbitration Center at the Institute of Modern Arbitration)/ /Leave a comment

One of the most significant changes that the new Russian Arbitration Law introduced, which has been in force for past eight months, relates to the requirement of Governmental authorization for establishing an arbitral institution (more discussion on this can be found in some of previous KAB posts available here, here, here). In particular, the Russian…

Ad hoc arbitration, Arbitrability, Arbitration, Arbitration Act, Corporate disputes, Institutional Arbitration, Lex Arbitri, Russia

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

Russia has recently revised its arbitration laws. The key development of the reform is to address the arbitrability of so-called “corporate disputes.” The new laws lift the longstanding ban on arbitrating most types of controversies relating to a Russian company. There is a catch, though: the lawmakers set out mandatory procedural conditions with which any…

Arbitration, Arbitration institution, Corporate disputes, International arbitration, Russia

, (Hogan Lovells)/ /1 Comment

1 September 2016 marks the key date in the long-awaited Russian arbitration law reform, publicly announced by the President of the Russian Federation already in 2013. Since then, the Russian arbitration law reform has been in the public eye attracting significant publicity (previous blog posts on this can be read: here, here, here, and here)….

Arbitration, Arbitration Institutions and Rules, Corporate disputes, Joinder, Russia

(Karimullin Law Firm)/ /1 Comment

One of the peculiarities of the revised Russian Arbitration Laws of 29 December 2015 (“Laws“), entering into force on 1 September of this year, is an attempt to localize the on-shore settlement of corporate arbitral disputes involving domestic companies. Only an arbitration institution which has adopted, publicized online, and filed special rules for arbitration of…

Ad hoc arbitration, Arbitrability, Arbitration, Arbitration Proceedings, Corporate disputes, Enforcement, Russia

(Egorov Puginsky Afanasiev & Partners) and (Brevia)/ /Leave a comment

For the last several years, Russia has undergone arbitration reform initiated by the President in or around 2013. The reform is aimed at increasing the credibility of this dispute resolution mechanism in Russia and updating the framework regulating domestic and international arbitration by addressing many long known gaps. The latest development occurred on 29 December…

Arbitrability, Arbitration, Commercial Arbitration, Corporate disputes, Investment Arbitration, Russia, Uncategorized

(Karimullin Law Firm)/ /Leave a comment

Under sec 1 of the RF Law on International Commercial Arbitration 5338-1 of 07.07.1993, disputes arising from civil, including corporate, relationships may be referred to international commercial arbitration, unless otherwise provided by law. However, there is no such restriction provided. In some cases, such as Novolipetsk Still Mill (NLMK) v. Nikolay Maksimov (Decrees of the…