In recent years, corporate arbitration has played only a minor role in Switzerland. One of the main reasons for this is the legal uncertainty that has prevailed with regard to the admissibility and binding effect of arbitration clauses contained in articles of incorporation. This is now likely to change: On June 19 and 26, 2020, the Swiss parliament approved a new statutory framework for the arbitration of corporate law disputes based on arbitration clauses set…
The 9th Baltic Arbitration Days will be held in Riga, Latvia at the Dzintari Concert Hall in Jurmala…
In May 2018, Spain requested the set-aside of an arbitral award in front of the Swedish Svea Court…
The International Chamber of Commerce (“ICC”) recently published its full statistical report for the year 2019,[1] which revealed a slight increase in the number of arbitration cases registered with the ICC’s International Court of Arbitration in 2019, as compared to 2018. As we have done in previous years,[2] we compare the caseload statistics of various arbitral institutions over the past few years in this article, and we analyze whether the popularity of arbitration continues to…
Paris Court of Appeal, 25 February 2020, No 19/1507575; 19/15816; 19/15817; 1915818; 15/819 The International commercial chamber of…
On 19 June 2020, a new Russian Law (Federal Law No. 171-FZ dated 8 June 2020, known as…
German law strictly protects the secrecy of the deliberations of a court and therefore does not allow the publication of dissenting opinions of lower court judges. This is for several reasons: Firstly, if the judges can stay anonymous and do not need to fear being pinned down in a dissenting opinion of a colleague, they are more inclined to openly express their views during the deliberations. Secondly, the publication of dissenting opinions could encourage and…
The Carpatsky[1] case is interesting for a number of reasons as it: The case demonstrates that parties seeking…
In 2017, the Swiss Government released a draft bill aiming at a reform of the Swiss international arbitration…
In Xstrata Coal v Benxi Iron & Steel ([2020] EWHC 324 (Comm))[1], the English High Court permitted a challenge made under section 68 of the Arbitration Act 1996 by the successful party in the arbitration on the basis that (as a result of uncertainty surrounding the parties to the arbitration agreement) there was ambiguity as to the award’s effect. The uncertainty was demonstrated by the refusal of a Chinese court to enforce the award on…