Search for:
Category

Applicable Law

Category

The arbitration agreement is a separate agreement from the substantive agreement (= doctrine of separability). As a result, the arbitration agreement can be governed by a different law from substantive agreement. What law governs the arbitration agreement if the parties have not explicitly chosen a law for the arbitration agreement? The answer is a continuing matter of debate.[1] Another matter of debate is whether the CISG can govern the arbitration agreement. The matter arises –…

Paris Court of Appeal, 25 February 2020, No. 17/18001 Prakash Steelage Ltd. (“Prakash Steelage” or “Respondent”), an Indian company, entered into a sale agreement with a Romanian company Uzuc S.A. (“Uzuc” or “Claimant”) to deliver stainless steel tubes. As part of its manufacturing process, Uzuc then incorporated these tubes in the heat exchangers that it manufactured for GE Oil & Gas, who, in turn, installed the exchangers in a fertilizer plant for the final client,…

On 21 November 2018, the Swedish Parliament adopted revisions to the Swedish Arbitration Act (“SAA”). The revisions continue to reflect the influence that the UNCITRAL Model Law also had on the current 1999 Act, but are intended to make arbitration proceedings seated in Sweden more efficient and more accessible, especially for foreign practitioners, ensuring that Sweden continues to be an attractive venue for international dispute resolution. The revised SAA is set to enter into force…

Prior to May 22, 2017, there was a split among U.S. federal appellate courts as to whether service of process abroad, through postal channels, is permissible under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (“Hague Service Convention”).  That changed when the U.S. Supreme Court handed down its ruling in Water Splash, Inc. v. Menon, 581 U.S. ____ (2017) (“Water Splash”).  In an 8-0 unanimous decision, the…