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In Germany

Arbitrator Challenge Proceedings Do Not Allow for Judicial Control of the Arbitral Tribunal’s Conduct of the Proceedings

by and 7 Mins Read

The Bavarian Highest Regional Court (“BayObLG”) recently reaffirmed the stringent standards German courts apply when evaluating allegations of arbitrator bias. In its decision of November 7, 2024, the court rejected a challenge against a presiding arbitrator, emphasizing that neither procedural errors nor preliminary assessments raise justified doubts concerning impartiality. This ruling underscores the German courts’ thorough approach to arbitrator challenges. Moreover, the court endorses that the arbitral tribunal expressed its preliminary view on the case.…

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In Germany

Arbitration Clause Remains Unaffected by the Exclusion of Germany’s Law on Unfair Terms and Conditions

by and 6 Mins Read

The German Federal Court of Justice (BGH), in its decision of 9 January 2025 (docket number I ZB 48/24[1]), dealt with two distinctive features of German arbitration law and German civil law, namely Section 1032(2) of the German Code of Civil Procedure (“ZPO”) and Sections 305 et seq. of the German Civil Code (“BGB”). Section 1032(2) ZPO reads: “Prior to the composition of the arbitral tribunal, an application may be made to the court to declare whether or not arbitration…

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In Europe

Amendment No. 2 to the chronology of the jurisdictional battle between Russia and the European Union caused by the war on Ukraine – Are sanctions-related disputes arbitrable?

by 15 Mins Read

This second amendment to the chronology of the jurisdictional battle between Russia and the European Union[1] is not about the 16th package of sanctions against Russia adopted on 24 February 2025 because the 16th package does not deal with issues of jurisdiction or the recognition and enforcement of judgments and arbitral awards.[2] Instead, the topic covered in this post is a request for a preliminary ruling concerning the arbitrability of sanctions-related disputes by the Svea Court…

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In Switzerland

SFSC upholds binding effect of foreign arbitral tribunal’s negative decision on jurisdiction for Swiss state courts if such decision is recognised in Switzerland

by and 4 Mins Read

In its decision of 6 August 2024, the Swiss Federal Supreme Court (“SFSC”) deliberated on the effects of a negative decision on jurisdiction by a foreign arbitral tribunal to state courts in Switzerland (case no. 4A_621/2023 [in German], intended for official publication).Factual background In the case at stake, a dispute arose between a Slovenian and Swiss company concerning a distribution agreement. Subsequent to numerous disagreements, the Slovenian company (the claimant and subsequently defendant before the SFSC proceedings)…

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