On 12 November 2015, the European Union’s proposal for “Investment Protection and Resolution of Investment Disputes” was made public. This proposal is part of the chapter on Investment contained in the Transatlantic Trade and Investment Partnership (“TTIP”), currently being negotiated between the EU and the United States. One significant aspect in this proposal is the provision on Transparency contained in Article 18 of Section 3 of the chapter on Investment. It provides for the application…
In Pre-Paid Legal Services, Inc. v Cahill, No. 14-7032 (10th Cir. May 26, 2015), the U.S. Court of Appeals…
In a judgment of 7 August 2015, the Court of Appeal Cologne had to deal with a claim for…
In three similar decisions of 17 March 2015[1] the Austrian Supreme Court (“OGH”) clarified how insolvency proceedings may affect an already pending arbitration. In a nutshell, the OGH held that Section 7 Bankruptcy Act, which provides that all pending proceedings in which the debtor is the claimant or the respondent are (automatically) stayed upon the commencement of bankruptcy proceedings, also applies to arbitral proceedings. Additionally, the OGH gave guidance on the question when arbitral proceedings…
“Would you, dear arbitrator candidate, be prepared to meet with my client? They really want to know beforehand…
Most major international arbitration rules require that an award rendered by a tribunal include the reasons upon which…
Since its establishment in 2004, the Swiss Chambers’ Arbitration Institution and the Arbitration Court have handled 836 arbitration cases. Under the Swiss Rules of International Arbitration, a party can challenge an arbitrator if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence. The Swiss Chambers’ Arbitration Institution has recently published a statistics for the time period from 2004 to 2014, showing that only fourteen challenges have been filed during the first…
Confidentiality is now “opt-out” As of 14 October 2015, international arbitrations seated in Australia are confidential unless the…
In a decision rendered on July 29, 2015, the Swiss Federal Supreme Court had to consider the use…
In the Hong Kong Court of First Instance case of KB v S (HCCT 13/2015), Justice Mimmie Chan, the Judge in charge of the Construction and Arbitration List, started her judgment delivered on 15 September 2015 by listing out the 10 bedrock principles behind the Hong Kong court’s approach to international arbitration. After dismissing all of the Respondents’ complaints against the arbitral awards, she spent the last two pages of a 25 page judgment condemning…