…restrictively for facilitating the enforcement of foreign awards. The decision, on its face, only concerns the situation where the losing party has not (yet) initiated setting aside proceedings. However, the…
…before the Golshani decision to prevent a party from seeking the annulment of an arbitral award based on arguments not raised before the arbitral tribunal. The consistent reference to the…
…and more often. And they should be. The case for compound interest if the winning party is to be made whole is, in economic terms, unanswerable. A remarkable aspect of…
…case interpreted the exact same BIT to provide no such guarantee. Arbitrator B never votes against the party that appointed him. Arbitrator C has over two dozen arbitrations at any…
…forum agreement is null and void under the law of the chosen court; (ii) a party lacked the capacity to conclude the agreement; (iii) enforcing such agreement would lead to…
…The author explains the importance of the principle of party autonomy, as a basic pillar of arbitration, nevertheless limited by the applicable laws to safeguard the independence and impartiality of…
…provides in Article 27: “A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.” The International Law Commission’s 2001 draft…
In a recent decision dated 10 October 2008 (4A_224/2008), the Swiss Federal Supreme Court found an arbitral tribunal competent to decide on a party’s request that its contractual partner should…
…the arbitration agreement, a party could avoid the proceedings merely by relying on that agreement and the applicant, which considers that the agreement is void, inoperative or incapable of being…
…a party’s barrister-counsel because he was a member in the same chambers as the chairman of the tribunal. The Ruling does not of course create a precedent and the reasoning…
…to a foreign litigation are found in the U.S., a party to the proceeding may petition a U.S. federal district court for discovery. Of potentially more interest to readers of…
…of the parties in the past, but as counsel of the counterparty of one of the parties (party X) in another lawsuit. X requested that the chairman be declared biased…
…copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from…
…businesses. In addition, under confidentiality agreements, KAB may match user information with third party data. If KAB changes its use of your personally identifiable information, it will notify you by…
…party that includes advertising or other materials that we have not authorized to be displayed with our Service. Without limiting the provisions of (3a), neither you nor any third party…
