In its decision dated 7 May 2019, the Swiss Federal Supreme Court (SFSC) clarified the requirements of a parties’ agreement to exclude the domestic arbitration regime – regulated in the third chapter of the Code of Civil Procedure (CCP) – in favour of the rules on international arbitration under the 12th chapter of the Private International Law Act (PILA) (case No. 4A_540/2018 (in French), selected for publication in the official court reporter). In a nutshell,…
While it hasn’t been a record year for most arbitral institutions, the demand for arbitration is still very…
From June 13 to 14, the Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS) and the law firm Klauberg Baltics…
In its decision dated 17 April 2019, the Swiss Federal Supreme Court (SFSC) confirmed for the first time that an arbitration clause may validly bind also a party which had not signed the main contract under the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) (case No. 4A_646/2018 (in German), selected for publication). The reported dispute originates from a distribution relationship maintained over several years between the parties, a…
Traditionally in the Czech Republic, both national and foreign arbitration awards could have been enforced either in standard…
An award creditor, Dredging and Maritime Management SA (“DMM”) sought to recognize and enforce an ICC award issued…
Safran Elec. & Defense SAS v. iXblue SAS, No. 1:18-cv-07220 (S.D.N.Y. Feb. 6, 2019) [click for opinion] In 1993, the predecessor of iXblue SAS (“iXblue), a navigation imaging company organized in France, licensed certain fiber-optic gyroscope (“FOG”) “know how” to the predecessor of Safran Electronics & Defense SAS (“SED”), a French avionics and electronics supplier. The license agreement contained an arbitration clause covering any disputes arising between the parties related to the agreement. That clause…
The world is small, so is the arbitration scene. Therefore, it cannot always be prevented that arbitrators and…
The Fédération Internationale des Ingénieurs-Conseils (FIDIC), in association with the International Tunnelling and Underground Space Association (ITA-AITES), launched…
On 12 March 2019, the Brussels Court of Appeal suspended the enforcement of an arbitral award that was considered de facto illegal State aid by the European Commission, pending a final decision of the EU General Court. It also requested a preliminary ruling from the European Court of Justice (“ECJ”) regarding the impact of EU decisions on the Member States’ obligation to enforce arbitral awards. The case concerned the enforcement of economic benefits derived from…