…state court proceedings, the Swiss state court shall apply Article 35 of the FSTJ by analogy and stay the case until the arbitral tribunal has decided on its jurisdiction. However,…
…South Africans who have (already) suffered expropriation in Zimbabwe. Indeed, a conservative farming organization went so far as to petition a South Africa court in an effort to interdict the…
In two recent decisions, the Swiss Federal Supreme Court rejected petitions for annulment and revision of an arbitral award by the Court of Arbitration for Sport. The decisions highlight the…
…Duferco case is a lower court decision and the Supreme Court was not consulted on the matter since the Supreme Court’s approval is only required for non-enforcement of foreign awards,…
…parties to choose the seat carefully. Cases where no seat is chosen by the parties are not uncommon. The English High Court in Shashoua v Sharma [2009] EWHC 957 (Comm)…
…Thereupon, A appealed before the Swiss Federal Supreme Court (“Federal Supreme Court”) and requested that the decisions of the courts of both first and second instance (under the so-called Dorénaz-practice)…
…The Court then signaled its future intent: “Accordingly, in the absence of special circumstances, when an award is unsuccessfully challenged, the Court will henceforth normally consider awarding costs against a…
…asking the court to order the deposition of the other party’s former counsel. The court reviewed the motion against the backdrop of the most recent, and leading, U.S. Supreme Court…
…financial players is not sufficient because “…it could amplify any mistake that a court makes in deciding a term’s meaning”. Yet, the fundamental reason such a new world court is…
…experience in the two realms. However, Judge Pedro Nikken is one of the rare individuals who straddles the two fields. He’s a former Judge on the Inter-American Court of Human…
…before the French Supreme Court (Cour de cassation), which overruled the Court of Appeal’s reasoning on public policy. The Supreme Court held that the arbitral tribunal had violated public policy…
…with the international concept of due process. It arose out of proceedings that the Nicaraguan trial court did not have jurisdiction to conduct. During those proceedings, the court applied a…
…L, and others, found no evidence of corrupt influence peddling via-a-vis the governments of France, Taiwan, or China. On 4 September 1996, a French state court rendered an enforcement order…
…the context of the inter-state disputes before the International Court of Justice, but more recently in the investor-state arbitration context. The confusion that has emerged in investment arbitration might be…
In a decision of 23 June 2009 (4A_62/2009), the Swiss Federal Supreme Court held that the right to be heard is not violated where an arbitral tribunal bases its decision…
…the Russian courts: the Arbitrazh Court of the Russian Federation, the Federal Arbitrazh Court of the Moscow Region and the Supreme Arbitrazh Court of the Russian Federation. The courts set…
…ICSID Convention, pointing to publicly reported statements of Government officials that ICSID decisions would be subject to review by the Argentine Supreme Court. The ad hoc committees in both proceedings…
…Turkey). Were Chevron and Ecuador both amenable, the case could continue to play out in public. Although UNCITRAL-based claims are typically conducted in-camera, the supervising agency, The Permanent Court of…
…Corporation) [2009] EWHC 2097 (Comm) may seem to reinforce the “interventionist” perception about English courts. The court in this case interpreted the parties’ agreement that the award would be “final,…
…who sought over $750 million from the United States as a result of damages inflicted by Mississippi judicial proceedings in which the trial judge (now a state supreme court justice)…
…in 2004 to settle their differences via an arbitration proceeding presided over by a retired Justice of Canada’s Supreme Court. The arbitration was conducted under the New Brunswick Arbitration Act…
…court on a question of law arising out of an award made in the proceedings.” Dana Gas challenged the English court’s jurisdiction to hear such an appeal on the basis…
In modern treaties, a fair and equitable treatment standard (hereinafter “FaETS”) is to be provided to foreign investors and investments by the host state. In the past, the FaETS had…
In this case, the Swiss Federal Supreme Court decided that the right to be heard (art. 182 para. 3 of the Swiss Federal Act on International Private Law, “PILA”) does…
