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In a recent decision published on 11 January 2023, the Swiss Federal Supreme Court (“SFSC”) confirmed the International Centre for Settlement of Investment Disputes’ (“ICSID”) decision upholding China’s objection regarding the arbitral tribunals’ jurisdiction (case no. 4A_172/2023 [in German], intended for official publication). Factual background The dispute at stake originated from ICSID arbitration proceedings seated in Geneva, Switzerland (case no. ADM/21/1), and was based on the Bilateral Investment Treaty between China and Singapore (“China-Singapore BIT”). The claimants’…

The German Federal Court of Justice (“BGH”) recently decided that the application to set aside an arbitral award before a German state court is inadmissible if the applicant has already paid the amount stipulated in the award without reservations (BGH, decision of 26 October 2023, case no I ZB 14/23). The decision provides clarity on an issue that had been widely debated amongst scholars and arbitration practitioners in Germany. Factual Background The Claimant in the…

A. LEGISLATION AND RULES A.1 Legislation A new set aside ground was introduced into Hungarian arbitration law in 2023. From 5 June 2023, an arbitration award may be set aside on the grounds that the arbitration panel has disregarded an expert opinion prepared by the Technical Forensic Expert Panel (TeljesĂ­tĂ©sigazolĂĄsi SzakĂ©rtƑi Szerv). This does not mean that an opinion of the Technical Forensic Expert Panel must be accepted by the arbitration panel, but at least…

A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Czech Republic continues to be governed by Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitration Awards, as amended (“Arbitration Act”). The Arbitration Act is based on the UNCITRAL Model Law and has not been amended since 2017. Pursuant to Section 30 of the Arbitration Act, the Czech Rules of Civil Procedure (Act No. 99/1963 Coll., as amended) (“Civil Procedure Code”) is to…