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Arbitration Procedure

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On 11 April 2024, Baker McKenzie launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The Tracker provides an overview of the Arbitration Bill, a guide to the key proposed changes and implications if the Bill is passed, and maps out the Bill’s progress, which will be updated regularly.The UK government asked the Law Commission to review the Arbitration Act 1996 to determine whether any amendments are required in order to ensure that…

In a recent decision published 1st April 2021, the Swiss Federal Supreme Court (“SFSC”) dismissed a challenge to set aside an arbitral award because in its view, a newly composed arbitral tribunal must not necessarily repeat all procedural steps that happened prior to its new constitution (case. no. 4A_332/2020 (in German), intended for official publication). Factual background In the case at stake, a dispute had arisen between two parties about the validity of the termination…

About 20 years after their introduction, and about 10 years after their first revision, the International Bar Association (“IBA”) recently published the new version of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”).[1] The update aligns the IBA Rules with developments in the international arbitration practice and selectively clarifies its provisions. It furthermore responds to the “New Normal” of conducting arbitration hearings remotely. Fundamental changes, however, were not considered necessary.…

On December 24, 2020 Brazilian Bankruptcy Law was amended by Law 14.112, to make the process of bankruptcy and judicial recuperation (Brazilian equivalent to US Chapter 11) more efficient, in view of the final distress triggered by the COVID-19 pandemia. The declaration of bankruptcy or the granting of judicial recuperation automatically stays certain types of lawsuits, such as execution lawsuits, for a period of 180 days, renewable on an exceptional basis for additional 180 days.…