Law governing the arbitration

Arbitrators, Art and Arbitration, Court of Arbitration for Art, Experts, Law governing the arbitration, Netherlands Arbitration Institute, Publication of Arbitral Awards

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Bryan Cave Leighton Paisner LLP

A new court dedicated to resolving art-related disputes was launched earlier this month in The Hague. The Court of Arbitration for Art (“CAA”) was founded by the Netherlands Arbitration Institute (“NAI”) in collaboration with Authentication in Art (“AiA”), a not-for-profit foundation that promotes best practice in art, particularly in art authentication. The CAA will administer…

Arbitration Proceedings, Foreign Bankruptcy Proceedings, Law governing the arbitration, Switzerland

(Schellenberg Wittmer)/ /1 Comment
Schellenberg Wittmer

This post suggests revisiting the issue of whether bankruptcy of a foreign company party to arbitration proceedings pending in Switzerland can prevent the arbitration from moving forward and questions whether a specific provision should be introduced in Swiss legislation to specifically address the issue. The State of Play As it stands, the issue is not…

Insolvency, Jurisdiction, Jurisdiction of the arbitral tribunal, Law governing the arbitration, Switzerland

(Schellenberg Wittmer Ltd, Switzerland)/ /1 Comment
Schellenberg Wittmer

Nathalie Voser and Anya George Few Swiss cases have sparked as much debate in the arbitration community as the Swiss Supreme Court’s 2009 decision in Vivendi vs. Elektrim. In that decision, the Supreme Court upheld the award of an arbitral tribunal seated in Switzerland which had declined jurisdiction over one of the respondents, Elektrim, after…

Arbitral seat, Arbitration, Arbitration clause, India, Law governing the arbitration, Provisional measures, Supreme Court

(Norton Rose Fulbright LLP)/ /Leave a comment
YIAG

Yograj Infrastructure Ltd. Vs. Ssang Yong Engineering and Construction Co. Ltd. (on 1 September 2011) As reported in this blog, in May 2011 the Supreme Court of India (SCI) moderated the controversial principle it established in 2002 that allowed the Indian courts to intervene in arbitrations held outside of India unless that possibility was expressly…