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In Germany

Highest Regional Court of Bavaria clarifies that Expert Determination does not Displace Jurisdiction of an Arbitral Tribunal

by and 4 Mins Read

“Justice may be delayed, but it is never denied.” This saying perfectly encapsulates the essence of a recent landmark decision by the Highest Regional Court of Bavaria (BayObLG) dated 12 December 2023 (Case No. 102 SchH 114/23 e). The court tackled the intricate relationship and interplay between arbitration clauses and expert determination clauses. It determined that expert determination clauses do not render arbitration proceedings inadmissible but “only” unfounded at present (“zurzeit unbegründet”) until the expert…

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In France

French Court of Cassation Quashes Paris Court of Appeal Decision for Overstepping its Authority by Reviewing the Merits of the Case in the Context of Set-Aside Proceedings

by 8 Mins Read

This case offers a striking illustration of the limits imposed on annulment judges reviewing international arbitral awards seated in France. After an UNCITRAL tribunal dismissed the claims for lack of jurisdiction, the Paris Court of Appeal set the award aside – only to be overruled by the French Court of Cassation. At the heart of the dispute: whether the appellate court impermissibly reviewed the merits of the case, and whether procedural conditions like prior recourse…

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In Germany

German Constitutional Court finally rules on Achmea: All doors closed now for intra-EU investor-state arbitrations

by 4 Mins Read

In 2018, the European Court of Justice (ECJ) shocked the arbitration world: In its Achmea-decision, it invalidated arbitration agreements in bilateral investment treaties (BIT) entered into between EU member states. The rationale of the decision: Arbitral tribunals could not sufficiently ensure that European Law was applied in compliance with ruling of the ECJ. Accordingly, member states of the EU were not permitted to effectively opt-out of the last-instance jurisdiction of the ECJ by agreeing on…

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In England and Wales

LCIA Updates Costs and Duration Analysis

by and 6 Mins Read

Introduction On 30 December 2024, the London Court of International Arbitration (“LCIA”) published its third costs and duration analysis (the “2024 Report”), covering all cases which reached a final award between 1 January 2017 and 12 May 2024. This builds on its previous report, Facts and Figures – Costs and Duration: 2013-2016, published in October 2017 (the “2017 Report” and together with the 2024 Report the “Reports”). The 2024 Report covers a longer time period…

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