Russia’s annexation of Crimea, the occupation of the Donbas region, the full-scale invasion of Ukraine and the subsequent sanctions imposed by the EU and other states against Russia have led to growing tensions between the EU and Russia and to a battle over jurisdiction and enforcement with no end in sight. 1. Starting Point: The annexation of Crimea and the EU sanctions After Russia’s annexation of Crimea and the invasion of the Donbas region in…
In French civil procedure, the Conseiller de la Mise en État (CME) is a magistrate of the Court…
Introduction The UK Supreme Court has now provided its reasons for an earlier decision to uphold a decision…
Another piece of troubling news for arbitration in Russia-related matters came to light. The Russian Supreme Court ruled in Case No. А45-19015/2023 (the “Ruling”) that lack of impartiality and independence of arbitrators is presumed when the tribunal is formed of nationals of states that are designated in Russia as “unfriendly” states. Although the possibilities to enforce foreign arbitral awards in Russia have been slim for political reasons in any case, the Supreme Court’s conclusions in…
On 11 April 2024, Baker McKenzie launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The…
In a decision of April 3, 2024, the Swiss Federal Supreme Court (“SFSC”) dismissed an application by Spain…
Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you our analysis of notable developments in international arbitration over the past year from over 40 jurisdictions worldwide. As with the editions before it, the 2023-2024 Yearbook covers important legislative and case law updates from each jurisdiction. This includes: You can access the latest edition of the International Arbitration Yearbook here or by hovering your cursor over the “International Arbitration…
In a recent decision published on 11 January 2023, the Swiss Federal Supreme Court (“SFSC”) confirmed the International…
In Therium Litigation Funding A IC v Bugsby Property LLC[1] the English Commercial Court had its first opportunity…
It is often observed that successful challenges to arbitration awards are rare and that this, perhaps in itself, demonstrates the English Courts’ desire to uphold the integrity of the arbitral proceedings and the awards that arise out of them. Developments in English court procedure, most recently the changes adopted in Section O of the Commercial Court guide, seek to discourage parties from pursuing appeals without proper merit.[1] Even then, where flaws appear in the arbitral…