TURKEY A. LEGISLATION AND RULES A.1 Legislation The International Arbitration Law of 2001 (IAL)[1] governs international arbitration[2] in Turkey, while the Code of Civil Procedure of 2011 (CCP)[3] deals with domestic arbitrations seated in Turkey. Both acts were inspired by UNCITRAL Model Law and contains fairly standard and arbitration-friendly provisions. In addition, the Law on International Private Law and Procedural Law of 2007 (IPPL)[4] includes the principles and procedure concerning the recognition and enforcement of…
ITALY Lorenzo de Martinis, Silvia Picchetti and Gaetano Iorio Fiorelli A. LEGISLATION AND RULES A.1 Legislation Arbitration in…
SWEDEN Magnus Stålmarker A. LEGISLATION AND RULES A.1 Legislation The latest update to the Swedish Arbitration Act (SAA)…
SPAIN Carmen Alonso and Enrique Silvente A. LEGISLATION AND RULES A.1 Approval of Royal Decree-Law 3/2020, dated 4 February, that adopts urgent measures for the transposition into Spanish Law of various European Union directives in the field of public procurement in certain sectors: private insurance; pension plans and funds; taxation and tax disputes. Royal Decree-Law 3/2020, includes an amendment to the Law on Spanish Public Sector Contracts No. 9/2017, dated 8 November. In particular, article…
RUSSIA Irina Varyushina LEGISLATION AND RULES A.1 Legislation International arbitration in Russia continues to be governed by the…
SWITZERLAND Urs Zenhäusern and Joachim Frick A. LEGISLATION AND RULES A.1 Legislation On 19 June 2020, the Swiss…
The Appellate Court in Warsaw recently [Case No. I ACa 457/18[1]] considered whether the EU state aid regulations form part of the Polish public policy, when considering an application to set aside an arbitral award. The Court decided that EU competition law has to be taken into account when considering the issue of breach of public policy by an arbitral award. Background facts The Claimant – a joint-stock SPV – and the Respondent – the…
In a recent decision published 13 November 2020, the Swiss Federal Supreme Court (“SFSC”) granted the appeal against…
We are delighted to invite you to Baker McKenzie’s first ever Arbitration Quiz Night! Join us on 8…
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…