The Appellate Court in Warsaw recently [Case No. I ACa 457/18[1]] considered whether the EU state aid regulations form part of the Polish public policy, when considering an application to set aside an arbitral award. The Court decided that EU competition law has to be taken into account when considering the issue of breach of public policy by an arbitral award. Background facts The Claimant – a joint-stock SPV – and the Respondent – the…
In a recent decision published 13 November 2020, the Swiss Federal Supreme Court (“SFSC”) granted the appeal against…
We are delighted to invite you to Baker McKenzie’s first ever Arbitration Quiz Night! Join us on 8…
In its landmark decision under docket no. 18 ONc 3/20s[1], published on 28 September 2020, the Austrian Supreme Court (Oberster Gerichtshof “OGH”) established two important principles for arbitral tribunals seated in Austria: The conduct of hearings via videoconference – despite a party’s express objection – lies within the arbitral tribunal’s discretion and does not meet the high threshold of arbitrator challenges. (RS0133230)[2]A negative, non-verbal reaction (here: “eye rolling”) of an arbitrator to a verbal pleading…
1. A case for challenge Nothing is more important in arbitration than the impartiality and independence of arbitrators.[i]…
From 1 January 2021, the International Chamber of Commerce (ICC) will bring into force revised 2021 Rules of…
In its decision published 21 October 2020, the Swiss Federal Supreme Court (“SFSC”) denied the revision of an arbitral award on the basis that the allegedly new facts were neither “new” nor relevant for the outcome of the arbitral proceedings (case no. 4A_36/2020 (in French)). Factual background The reported dispute originated from a distribution agreement between a German company (“A”, claimant) and an American distribution company (“B”, respondent). The agreement contained an arbitration clause incorporating…
Join us on Tuesday, 17 November 2020, for the 2020 UCL/ Baker McKenzie Lecture on ‘International Arbitration –…
The world faces significant levels of social, political and economic instability and uncertainty. To a large extent, while…
In a recent decision published on 18 May 2020, the Swiss Federal Supreme Court (“SFSC”) upheld an arbitral award in which the arbitral tribunal had declined jurisdiction in the absence of a valid arbitration agreement (case no. 4A_418/2019 (in German)). Factual background The reported dispute stems from a trilateral agreement for the construction of a housing project between a Turkish company, an Iranian state company and an Iranian state bank. The trilateral agreement contained an…