AUSTRIA Filip Boras and Simon Kapferer A. LEGISLATION AND RULES A.1 Legislation International arbitration in Austria continues to be governed by sections 577 to 618 of the Austrian Code of Civil Procedure, to which no legislative amendment has been made since 2013. However, we expect that one remaining restriction on the conclusions of arbitration agreements could be soon eased: At present, most arbitration agreements can be concluded easily, including by e-mail. By contrast, the power…
BELGIUM Michaël De Vroey and Margo Allaerts A. LEGISLATION AND RULES A.1 Legislation Domestic and international arbitration in…
BELARUS Alexander Korobeinikov A. LEGISLATION AND RULES A.1 Legislation International arbitration in Belarus continues to be governed by…
SWITZERLAND Luca Beffa, Joachim Frick, Gentiana Imeri, Urs Zenhäusern A. LEGISLATION AND RULES A.1 Legislation A.1.1 Revision of the Swiss Arbitration Act Switzerland is currently revising its Swiss Arbitration Act (i.e. chapter 12 of the Swiss Federal Act on Private International Law (PILA)) that governs international arbitral proceedings seated in Switzerland. The draft bill, published by the Swiss Federal Council in October 2018, has been sent to the Swiss Parliament for debate and its entry…
RUSSIA Irinia Varyushina A. LEGISLATION AND RULES A.1 Legislation International arbitration in Russia continues to be governed by…
UZBEKISTAN Alexander Korobeinikov and Alissa Inshakova A. LEGISLATION AND RULES A.1 Legislation Arbitration in Uzbekistan continues to be…
UKRAINE Ihor Siusel and Kseniia Pogruzhlska A. LEGISLATION AND RULES A.1 Legislation Ukraine is a civil law country, thus, the issues of international arbitration are governed primarily by (i) international treaties, both multilateral and bilateral, (which, upon their ratification by the Verkhovna Rada of Ukraine (Parliament), have priority over domestic legislation) and (ii) domestic legislation. Court precedents are not considered to be the source of binding law in Ukraine, however, the courts of lower instances shall…
TURKEY A. LEGISLATION AND RULES A.1 Legislation The International Arbitration Law of 2001 (IAL)[1] governs international arbitration[2] in…
Abstract:Polish Civil Procedure Code is now clear on the arbitrability of corporate matters. Background Polish civil procedure law…
The Appellate Court in Wrocław, Poland [Case No. I ACa 1109/17[1]] considered the question of whether the principle that a case must be examined comprehensively and that doubts must be cleared to the fullest extent possible before the tribunal renders an award constitutes one of the basic principles of Polish public policy. Additionally, the Court analyzed the validity of the appointment of the sole arbitrator and its compliance with the applicable arbitration rules. Background facts…