…In this regard, the Court of Justice of the European Union (“CJEU”) was requested to rule on the scope of the arbitration exclusion. In particular, the absence of a definition…
…Court of Appeals will confirm the decision of the first instance court and, if the case proceeds to arbitration, it will be interesting to see how the ICSID tribunal will…
…The arbitrator based his finding on the jurisprudence of the Swiss Supreme Court, which allows extension of arbitration clauses to nonsignatories only when the party seeking an extension is entitled…
…(Article 27). This will allow parties to opt for post-award litigation in English before the Netherlands Commercial Court, even after the award is rendered. Quality improvements The NAI Rules…
The UK Supreme Court (“UKSC”) in Tui UK Ltd v. Griffiths [2023] UKSC 48 recently considered the question whether a party must challenge a witness and expert evidence in cross-examination…
…Arbitrazh Court, Russian Federation), Hall Steel Company v. Metaloyd Ltd. (District Court, Eastern District of Michigan), Drummond Ltd. v. Instituto Nacional de Concesiones (Supreme Court of Justice, Colombia) and Alcatel…
…adopt several practices found among leading arbitral institutions. In particular, the Arbitration Rules establish an SCCA Court, an administrative body which will supervise arbitrations, and which may appoint or remove…
On December 8, 2023, a Permanent Court of Arbitration tribunal composed of José Emilio Nunes Pinto (president), Guido Tawil, and Claus von Wobeser issued its final award in Mota Engil…
In a recent case, FCM Investments LLC v. Grove Pham LLC (“FCM v. Grove Pham”), the California Court of Appeal, Fourth Appellate District, Division One (the “Court”) vacated an arbitral…
This piece deals with the recently established Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC). It addresses some key concerns surrounding the risk of unenforceability of…
…Court was called to rule upon whether EU law (and the relevant case law of the Court of Justice of the EU [“CJEU” or “the Court”]) should prevail over the…
…fossil fuel and other extractive industries (UN Report, ¶¶ 3-9). Similarly, Soubeste and Others v. Austria and 11 Other States, a pending case before the European Court of Human Rights,…
…gathered monumental figures from the arbitration space including Justice Hima Kohli of the Supreme Court of India, as the Chief Guest and Justice Alok Aradhe, Chief Justice for the State…
…go beyond the walls of government buildings, potentially affecting millions. With a mind to this, in accordance with its Rules, a special session of the ICC court is constituted to…
…as completely consistent with enforcement of all three awards before the Court—and may even offer backhanded support for their enforcement. The United States Argues that the District Court Must…
…of communication between warring parties at the early stage, ultimately saving valuable time. 3. Article 16: Direct Appointment for Efficiency Article 16 empowers the SCCA Court to directly appoint arbitrators…
…decisions such as in Dubai Court of Cassation No. 403/2020 (Civil), Dubai Court of Cassation No. 5/2020 (Commercial), and Dubai Court of Cassation No. 1016/2020 (Commercial). The UAE also does…
…of a partner from the company does not affect the arbitration clause contained in the contract of incorporation of the company. The court also decided that the arbitral tribunal has…
…pursuing the establishment of a standing multilateral investment court with an appellate mechanism. They prescribe, upon entry into force between the Parties of an international agreement providing for such a…
…Court’s Judgment The Supreme Court unanimously overruled the findings of NN Global 5J. In doing so, the Supreme Court distinguished between an inadmissible contract and a void one. It took…
This post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2023 that are of interest to the international arbitration community at large. Part I…
…the Swiss Federal Supreme Court’s (“SFSC”) case law on the parties’ duty of curiosity in respect of an arbitrator’s independence and impartiality. Enforcement a) In the Context of the…
…the respective SCCA Court of Arbitration and DIAC Court of Arbitration by circulating a list of names and asking the parties to rank them in order of preference. Early…
…between judgments of the International Court of Justice (“ICJ”)/ Permanent Court of International Justice (“PCIJ”) and investor-State dispute settlement (“ISDS”). The program bridged and expanded the discussion that took place…
