The Law Commission has published its final report (here), and a summary (here), on its detailed review of the English Arbitration Act 1996 (the “1996 Act”), along with policy recommendations and a draft Bill comprising the proposed amendments. This will be presented to Parliament for consideration, and a decision as to whether to adopt the proposed amendments as set out in the draft Bill. So, if we are to get a revamped Arbitration Act next…
On 14 July 2023, the English High Court denied the enforcement of an arbitral award (“Final Award”) rendered…
What constitutes a material adverse change or a material impact on the profitability of a target company? In…
Previously on this blog, we had reported (1) about the scope of the EU prohibition for the legal industry to engage directly or indirectly in any transaction with a legal person, entity, or body in or outside of Russia owned or controlled by the Russian Government or the Russian Central Bank introduced by the fourth sanction package and (2) the UK licenses to use frozen funds or economic resources to pay fees for legal representation.[1]…
On 9 March 2023, the German Federal Court of Justice (“BGH”) confirmed the decision of the Higher Regional…
Factual Background In 2012, Mr. X bought a catamaran put up for sale by Mr. Y, who owned…
On 18 April 2023, the German Federal Ministry of Justice published its „Guidelines on the modernization of German Arbitration Law“ (Guidelines)[1], proposing twelve potential changes to the current rules. Those changes, together with the proposed introduction of commercial courts[2], are aimed at strengthening Germany as a place for international commercial disputes. The Guidelines are based on a report by a working group which had been tasked with the review of German arbitration law back in…
On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now…
On September 2, 2022, the Supreme Court of Ukraine had to decide whether the New York Convention applies to the enforcement of awards in Ukraine which had been issued in arbitration proceedings conducted under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”).[1] Factual background In the case decided by the Supreme Court, the Ukrainian investor Eugene Kazmin tried to avoid the enforcement of an ICSID cost award in…