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Baker McKenzie has 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 the Act remains…

In Therium Litigation Funding A IC v Bugsby Property LLC[1] the English Commercial Court had its first opportunity to consider the enforceability of Litigation Funding Agreements (“LFAs”) following the decision of the Supreme Court in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others[2] (“PACCAR “). In PACCAR, the Supreme Court held that where litigation funders are to be remunerated by reference to a share of damages obtained by…

On 4 September 2023, the Swiss Federal Tribunal Court (“SFSC”) decided on appeals raised against three closely linked cases (case nos. 4A_144/2023, 4A_146/2023, 4A_148/2023). Its decision provides important clarifications on the concept of autonomy of an arbitration clause in the context of the assessment of the contractual party’s legal capacity to act as well as on the extension of an arbitration clause to non‑signatory third parties due to their involvement in the execution of the…

A. LEGISLATION AND RULES A.1 Legislation A.1.1. The arbitration reform has come into force On 25 April 2023, the Arbitration Law reforming the Luxembourg arbitration legal framework came into force. This reform aims to further enhance Luxembourg’s appeal as a trusted arbitral seat and to bring Luxembourg closer to meeting international standards in relation to the arbitration procedure. Inspired by the 2006 UNCITRAL Model Law, Belgian arbitration law and French arbitration law, the new provisions…