Earlier this year, the English Court of Appeal in Lifestyle Equities CV and another v Hornby Street (MCR) Ltd and others [2022] EWCA Civ 51 had to consider whether a non-party was bound by an arbitration agreement and which law applied to it. The Court of Appeal (by majority) upheld the decision of the first instance judge to stay trade mark infringement proceedings in favour of arbitration on the basis that the claimant was bound…
Arbitration is the most popular choice for dispute resolution in multinational commercial agreements.[1] At times, relevant arbitration clauses…
The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate.…
One year ago, in May 2021, the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) extended its portfolio of dispute resolution services with the SCC Express Dispute Assessment (“SCC Express”). The SCC Express constitutes a new, hybrid form of dispute resolution between arbitration and mediation. Depending on what the Parties want, the SCC Express offers them a binding or non-binding legal assessment of their dispute(s) by a neutral professional. The SCC’s biggest marketing points…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now…
The case at hand is, to our knowledge, the first and sole decision rendered by French courts in…
No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…
On 8 June 2021, the Constitutional Court of the Republic of Turkey (“Constitutional Court”) decided on an individual…
One year ago, the Higher Regional Court Frankfurt decided that the Achmea-decision[1] by the Court of Justice of…
In State of Libya v. Nurol Insaat Ve Ticaret Anonim Sirketi,[1] the International Commercial Chamber of the Paris Court of Appeal was called upon to rule on the lack of jurisdiction of an arbitral tribunal due to the alleged corruption practices that tainted the contracts constituting the investment that was the subject of the dispute. Factual Background Between 2006 and 2009, the Turkish company Nurol Insaat Ve Ticaret Anonim Sirketi (“Nurol”) entered into several agreements…