…was England. The Court of Appeal agreed with the Commercial Court’s finding. Applying West Tankers, the Court of Appeal held that the nature of the claim before the Court was…
…“very existence” or “independence” from grave and imminent peril. To cast doubt on this proposition, one may cite the Nuclear Weapons case, in which the International Court of Justice held…
…state policy resulting in the establishment of the Permanent Court of Arbitration. Johnston’s functionalist, multi-model approach to international law “commits the historian – and his reader – to a long…
…to the permanent court of arbitration at The Hague. It is not a judgment such as one would expect from a court of justice.” The use of arbitration to resolve…
The Swiss Supreme Court recently rendered a decision (4_A428/2008, dated 31 March 2009) regarding the effects of insolvency proceedings on international arbitrations seated in Switzerland. This case concerns a multi-party…
…creation: what matters is more the circuit, the court or particular section of the court which issued a decision. Conversely, awards are rendered by individuals selected for their personal credentials…
…of arbitration, and the court of appeal held that this time-limit was only applicable before the institution and not before the court. The first remark to be made at this…
…Italian parent company. The preliminary award was challenged by the Cypriot subcontractor before the Federal Supreme Court, which finally upheld the decision reached by the arbitral tribunal. The Supreme Court…
…or public order. Any limitation exercised must be within the scope set by the European Court of Justice (ECJ). In very limited circumstances the ECJ has recognized this exception in…
…account the principle of equality of the parties in the constitution of the arbitral tribunal, as established by the French Supreme court in Dutco (Civ, 7 January 1992, Rev. Arb….
…a Hungarian or any other court bound by EU law. At the antipode of this argument lies, of course, the additional time and money that the disputing parties must expend…
…(CDU). However, the project was heavily criticized by the Green Party which had taken the City State of Hamburg to court over the Project. In April 2008, elections in the…
By now almost everyone in the international arbitration world is aware of the gavel-to-gavel coverage of the oral pleadings in the so-called Abyei Arbitration before the Permanent Court of Arbitration….
…generally perceived to operate satisfactorily, parallel court and arbitration proceedings arise when the validity of the arbitration clause is upheld by the arbitral tribunal but not by the court; procedural…
…(in part) the award in Texas state court and HFG removed the case to the federal district court for determination. Part of Willbros’s motion sought to vacate the arbitrator’s award…
In a decision dated 5 December 2008 (4A_376/2008), the Swiss Federal Court (“SFC”) had the opportunity to address two legal topics in the context of international arbitration: The first topic…
The relevance of the Supreme Court’s Hall decision in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S. Ct. 1369 (2008) for the question of whether “manifest disregard of the…
On Tuesday, the United States Supreme Court decided Iran v. Elahi, a case that appears to fall within a data set of one. As I reported elsewhere, the case is…
…disagreed. Finding the decision on fees to be appealable (i.e., subject to judicial review), the Supreme Court remanded the case to the lower court for a determination of the reasonableness…
One hundred years ago international arbitration was viewed as the great hope for world peace. No international tribunals were yet in existence, but the Permanent Court of Arbitration was up…
…party seeking to prevent court proceedings in another EU jurisdiction in breach of an agreement to arbitrate? The recent decision of the English Commercial Court in CMA CGM SA v…
…production in a future court case. Another provision which is frequently included in international mediation rules is an express prohibition on calling the mediator as a witness in subsequent proceedings….
In Switzerland, the Federal Supreme Court has recently, and for the first time, had the opportunity to hear and reject the challenge of an award rendered pursuant to the Expedited…
…adopted by ad hoc judges before the International Court of Justice, almost invariably espousing the theses of their appointing states, has over many years – with a very few notable…
