Shareholder Resolutions

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…

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…