1. A case for challenge Nothing is more important in arbitration than the impartiality and independence of arbitrators.[i] Parties hand over their fundamental right to have their dispute heard to one or more individuals in the hope that they will get it right. Arbitrators enjoy extensive power to decide on the merits and, apart from some limited circumstances, nothing can be done if they get it wrong.[ii] Faith in the fact that these individuals will…
From 1 January 2021, the International Chamber of Commerce (ICC) will bring into force revised 2021 Rules of…
In its decision published 21 October 2020, the Swiss Federal Supreme Court (“SFSC”) denied the revision of an…
Join us on Tuesday, 17 November 2020, for the 2020 UCL/ Baker McKenzie Lecture on ‘International Arbitration – From Alabama to Brexit’. This year’s lecture will be delivered by Prof. Dr. Gabrielle Kaufmann-Kohler and chaired by Professor Philippe Sands QC (UCL / Matrix Chambers). Starting at 18:00 GMT, this year’s lecture is being held virtually, and will last 75 minutes followed by a virtual networking reception. Please join us for this engaging conversation. Click here for…
The world faces significant levels of social, political and economic instability and uncertainty. To a large extent, while…
In a recent decision published on 18 May 2020, the Swiss Federal Supreme Court (“SFSC”) upheld an arbitral…
The IV St. Petersburg Online Pre-Moot and FDI E-Conference will take place from October 30-31, 2020. Teams participating in the Pre-Moot will get an opportunity to sharpen their oral presentations and legal arguments before the FDI Globals. If you would like to register as an arbitrator, you could do so via the link. The FDI E-Conference will feature an active discussion on hot questions of international investment law, particularly sustainable development and complex corporate structures,…
The Appellate Court in Warsaw [Case No. VII AGa 804/19[1]] considered whether a narrow arbitration clause may be…
In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38, the UK…
Introduction The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH & CO KG (MV Nortrader) [2020] EWHC 1371 (Comm), set aside a final award on jurisdiction (pursuant to section 67 of the English Arbitration Act 1996), holding that the tribunal had erred in ruling that a party to the arbitration agreement had the requisite authority to enter into the said agreement as agent for another. Challenges against…