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Arbitration Procedure

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One year ago, in May 2021, the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) extended its portfolio of dispute resolution services with the SCC Express Dispute Assessment (“SCC Express”). The SCC Express constitutes a new, hybrid form of dispute resolution between arbitration and mediation. Depending on what the Parties want, the SCC Express offers them a binding or non-binding legal assessment of their dispute(s) by a neutral professional. The SCC’s biggest marketing points…

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.…