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In Arbitration Procedure

Reform of Swiss international arbitration law approved by the Parliament

by and 5 Mins Read

In 2017, the Swiss Government released a draft bill aiming at a reform of the Swiss international arbitration legislation. On 9 June 2020, after several rounds of discussions and amendments in the two Swiss parliamentarian Chambers, the final version of the international arbitration law reform was approved. Key features of the reformed Swiss international arbitration legislation The main new features of the reformed Swiss international arbitration legislation (enshrined in Chapter 12 of the Private International Law…

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In Applicable Law

English Court of Appeal provides much needed clarity on the proper law of an arbitration agreement – victory for the curial law

by 10 Mins Read

Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two candidates of usual choice are (i) the law applicable to the underlying agreement containing the arbitration agreement and (ii) the seat (legal place) of the arbitration (i.e., curial law), which is often stipulated in the arbitration agreement. The position under English law was not entirely clear, giving rise to confusion and…

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In England and Wales

Rare successful challenge to arbitral award on a point of law

by 6 Mins Read

In Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm), the English High Court granted a rare successful appeal against an arbitral award pursuant to section 69 of the Arbitration Act 1996 and held that the arbitral tribunal had been wrong to conclude that the claim was not contractually time barred. Background MTM Trading LLC (the “Owners”) were the owners of a vessel which was charted to Tricon Energy Ltd (the “Charterers”) under…

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In Arbitration Agreements

The Swedish Supreme Court requests a preliminary ruling from the CJEU on the validity of an arbitration agreement in light of the Achmea ruling

by 4 Mins Read

The case concerns a damage claim between a Luxembourg company and the Republic of Poland. The arbitral tribunal determined, in one separate and one final award, that Poland had violated its obligations under an intra-EU bilateral investment treaty (BIT) between Poland, Luxembourg and Belgium by expropriating the Luxembourg company’s shareholdings in a Polish bank, and subsequently, the company was entitled to damages. The awards were challenged by Poland inter alia on the grounds that the…

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