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The Arbitration Act 2025 enters into force in the UK

by , and 8 Mins Read

The substantive provisions of the Arbitration Act 2025 (the “2025 Act”) entered into force on 1 August 2025 via The Arbitration Act 2025 (Commencement) Regulations 2025. The long-awaited 2025 Act amends the Arbitration Act 1996 (the “1996 Act”), which was reviewed by the Law Commission with the aim of reinforcing London’s status as a leading destination for international arbitration, and to align the UK’s legislation with recent reforms in other global arbitration hubs. The Law Commission’s full report is…

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In Germany

Arbitrator Challenge Proceedings Do Not Allow for Judicial Control of the Arbitral Tribunal’s Conduct of the Proceedings

by and 7 Mins Read

The Bavarian Highest Regional Court (“BayObLG”) recently reaffirmed the stringent standards German courts apply when evaluating allegations of arbitrator bias. In its decision of November 7, 2024, the court rejected a challenge against a presiding arbitrator, emphasizing that neither procedural errors nor preliminary assessments raise justified doubts concerning impartiality. This ruling underscores the German courts’ thorough approach to arbitrator challenges. Moreover, the court endorses that the arbitral tribunal expressed its preliminary view on the case.…

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In Germany

Arbitration Clause Remains Unaffected by the Exclusion of Germany’s Law on Unfair Terms and Conditions

by and 6 Mins Read

The German Federal Court of Justice (BGH), in its decision of 9 January 2025 (docket number I ZB 48/24[1]), dealt with two distinctive features of German arbitration law and German civil law, namely Section 1032(2) of the German Code of Civil Procedure (“ZPO”) and Sections 305 et seq. of the German Civil Code (“BGB”). Section 1032(2) ZPO reads: “Prior to the composition of the arbitral tribunal, an application may be made to the court to declare whether or not arbitration…

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In Europe

Amendment No. 2 to the chronology of the jurisdictional battle between Russia and the European Union caused by the war on Ukraine – Are sanctions-related disputes arbitrable?

by 15 Mins Read

This second amendment to the chronology of the jurisdictional battle between Russia and the European Union[1] is not about the 16th package of sanctions against Russia adopted on 24 February 2025 because the 16th package does not deal with issues of jurisdiction or the recognition and enforcement of judgments and arbitral awards.[2] Instead, the topic covered in this post is a request for a preliminary ruling concerning the arbitrability of sanctions-related disputes by the Svea Court…

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