Factual Background Litigation ensued after a catastrophic turbine failure at the Hadjret En Nouss Power Plant (the “Plant”) in Tipaza, Algeria. Various insurers, reinsurers,…
District court confirms arbitral award over objection that confirmation would run contrary to the United States’ public policy in favor of res judicata
Etrak Insaat Taahhut Ve Ticaret Anonim Sirketi v. Libya, No. 22-cv-864 (D.D.C. Feb. 4, 2025)[1] Factual Background In October 2012, Libya contracted with a Turkish…
Amendment No. 3 to the chronology of the jurisdictional battle between Russia and the European Union caused by the war on Ukraine – World upside down?
This third amendment to the chronology of the jurisdictional battle between Russia and the European Union[1] deals with an amicus curiae brief of 14…
Bavaria Once More: Highest Regional Court Confirms High Threshold for Assuming Violation of the Right to be Heard
Introduction The Highest Regional Court of Bavaria (“BayObLG”) has recently issued several decisions underscoring the court’s supportive stance toward recognition and enforcement of arbitral…
District court grants motion requiring parties to arbitrate, holding that right to arbitrate had not been waived despite three years of litigation
In Re: Amitiza, No. 21-11057-MJJ, (D. Mass. Jan. 27, 2025)[1] Factual Background In 2004, Sucampo Pharmaceuticals, Inc. (“Sucampo”) entered into a marketing agreement with Takeda…
Highest Regional Court of Bavaria clarifies that Expert Determination does not Displace Jurisdiction of an Arbitral Tribunal
“Justice may be delayed, but it is never denied.” This saying perfectly encapsulates the essence of a recent landmark decision by the Highest Regional…
Arbitrator Challenge Proceedings Do Not Allow for Judicial Control of the Arbitral Tribunal’s Conduct of the Proceedings
The Bavarian Highest Regional Court (“BayObLG”) recently reaffirmed the stringent standards German courts apply when evaluating allegations of arbitrator bias. In its decision of…
The air crackled with anticipation at the German Institution of Arbitration (DIS) Spring Event 2025 on May 6th and 7th, as attendees delved into…
The Highest Regional Court of Bavaria confirms recognition-friendly attitude of the German courts
The Highest Regional Court of Bavaria (“BayObLG”) has recently strengthened Germany’s position as a recognition-friendly jurisdiction in international arbitration. In its decision, the court…
French Court of Cassation Quashes Paris Court of Appeal Decision for Overstepping its Authority by Reviewing the Merits of the Case in the Context of Set-Aside Proceedings
This case offers a striking illustration of the limits imposed on annulment judges reviewing international arbitral awards seated in France. After an UNCITRAL tribunal…