In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38, the UK Supreme Court dismissed Chubb’s appeal, affirming the Court of Appeal’s conclusion that the arbitration agreement (contained in an underlying agreement) was governed by English law (as the applicable curial law), not by Russian law (which Chubb argued was the law applicable to the underlying agreement). However, the Supreme Court reached this conclusion applying an entirely different line…
Under Hong Kong law, a company shall be deemed to be unable to pay its debts if a…
The dispute resolution clause is often referred to as the “midnight clause” as it is commonly reviewed at…
On June 1, 2020, in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, the US Supreme Court ruled, in a unanimous opinion, that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) permits a non-signatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel, declining to accept Outokumpu’s invitation to treat international arbitration agreements differently from domestic arbitration agreements. Outokumpu,…
Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both…
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties…
The case concerns a damage claim between a Luxembourg company and the Republic of Poland. The arbitral tribunal determined, in one separate and one final award, that Poland had violated its obligations under an intra-EU bilateral investment treaty (BIT) between Poland, Luxembourg and Belgium by expropriating the Luxembourg company’s shareholdings in a Polish bank, and subsequently, the company was entitled to damages. The awards were challenged by Poland inter alia on the grounds that the…
It has been 56 years since the article which coined the term “pathological clauses” was published in 1974.[1]…
In its decision dated 6 January 2020, the Swiss Federal Supreme Court (SFSC) decided that an arbitration clause…
Abstract: District court holds non-signatory to three arbitration agreements is not bound to arbitrate because it did not merge with signatories’ parent company, but became a wholly owned subsidiary, which is a distinct legal entity – Rossisa Participações S.A. v. The Reynolds and Reynolds Co., No. 3:18-cv-00297 (S.D. Ohio Sept. 6, 2019).Petitioners purchased an electronic system for data processing in 1997 pursuant to three contracts signed with three different entities: Universal Computer Software, Ltd. (“Software…