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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…

A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Netherlands continues to be governed by the Wet van 2 juni 2014 tot wijziging van Boek 3, Boek 6 en Boek 10 van het Burgerlijk Wetboek en het Vierde Boek van het Wetboek van Burgerlijke Rechtsvordering in verband met de modernisering van het Arbitragerecht (“Arbitration Act”), to which there have been no legislative amendments. A.2 Institutions, rules and infrastructure It is expected that the Netherlands…

A. LEGISLATION AND RULES A.1 Legislation On 1 January 2023, the revised Swiss Code of Obligations (CO) entered into force. The revised act includes a new article 697n, which expressly allows Swiss corporations (and by reference also limited partnerships and limited liability companies) to include a statutory arbitration clause in their articles of association. The newly introduced article 697n CO applies to stock corporations or limited liability companies with seat in Switzerland, which provide or…

A. LEGISLATION AND RULES A.1 Legislation A.1.1 Luxembourg is modernizing its arbitration statutory law International arbitration in Luxembourg continues to be governed by the provisions of the New Code of Civil Procedure, Book III (articles 1224 to 1251), to which there have been no legislative amendments, yet. However, we expect a change in the Luxembourg statutory law on arbitration within the next coming months since an arbitration bill (Bill No. 7671) was filed on 15…