Search for:
Category

Europe

Category
In Arbitration Procedure

Austrian Supreme Court confirms arbitral tribunal’s ruling to hold virtual hearing despite one party’s objection

by 8 Mins Read

In its landmark decision under docket no. 18 ONc 3/20s[1], published on 28 September 2020, the Austrian Supreme Court (Oberster Gerichtshof “OGH”) established two important principles for arbitral tribunals seated in Austria: The conduct of hearings via videoconference – despite a party’s express objection – lies within the arbitral tribunal’s discretion and does not meet the high threshold of arbitrator challenges. (RS0133230)[2]A negative, non-verbal reaction (here: “eye rolling”) of an arbitrator to a verbal pleading…

Read More
In Europe

Swiss Supreme Court rejects request for revision of an arbitral award as the new facts and evidence are neither new nor material to the outcome of the arbitration

by and 4 Mins Read

In its decision published 21 October 2020, the Swiss Federal Supreme Court (“SFSC”) denied the revision of an arbitral award on the basis that the allegedly new facts were neither “new” nor relevant for the outcome of the arbitral proceedings (case no. 4A_36/2020 (in French)). Factual background The reported dispute originated from a distribution agreement between a German company (“A”, claimant) and an American distribution company (“B”, respondent). The agreement contained an arbitration clause incorporating…

Read More
In Europe

Swiss Supreme Court confirms that arbitral tribunal’s findings as to the parties’ actual and common intent to arbitrate are not part of its legal review

by and 3 Mins Read

In a recent decision published on 18 May 2020, the Swiss Federal Supreme Court (“SFSC”) upheld an arbitral award in which the arbitral tribunal had declined jurisdiction in the absence of a valid arbitration agreement (case no. 4A_418/2019 (in German)). Factual background The reported dispute stems from a trilateral agreement for the construction of a housing project between a Turkish company, an Iranian state company and an Iranian state bank. The trilateral agreement contained an…

Read More
In Applicable Law

The Supreme Court in Enka v Chubb on the law applicable to the arbitration agreement – The buck stops here

by 14 Mins Read

In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38, the UK Supreme Court dismissed Chubb’s appeal, affirming the Court of Appeal’s conclusion that the arbitration agreement (contained in an underlying agreement) was governed by English law (as the applicable curial law), not by Russian law (which Chubb argued was the law applicable to the underlying agreement). However, the Supreme Court reached this conclusion applying an entirely different line…

Read More
Load More