This post is an extract from the first edition of GAR’s The Guide to M&A Arbitration, first published in December 2018. The whole publication is available at https://globalarbitrationreview.com/edition/1001270/the-guide-to-m-a-arbitration-first-edition. Frequency of M&A disputes The frequency of disputes largely depends on market conditions and M&A literacy. Turkey’s attractiveness to investors over the past decade has naturally resulted in an increase in M&A transactions. The number of transactions in Turkey for the year 2016 was 243; for 2015,…
The Ukrainian Supreme Court ruled in September 2018 on recognition and enforcement of the emergency arbitral award (the…
On 21 November 2018, the Swedish Parliament adopted revisions to the Swedish Arbitration Act (“SAA”). The revisions continue…
The never-ending clash between the Civil Law and Common Law traditions in international arbitration took center-stage once again in 2018, with the introduction of the Inquisitorial Rules on the Taking of Evidence in International Arbitration, or the “Prague Rules”. Lawyers from the Civil Law tradition, increasingly dissatisfied with the IBA Rules on the Taking of Evidence in International Arbitration, introduced the Prague Rules as an alternative to the “adversarial approach” embodied in the IBA Rules.…
Article 111(7) of the Italian Constitution grants parties with the right to file an extraordinary appeal with the…
The Court of Appeal in Brussels has recently handed down an important ruling on the validity of arbitration…
On 1 November 2018, the revised HKIAC Arbitration Rules entered into force (see GAN: New HKIAC Administered Arbitration Rules further enhance efficiency of arbitrations). HKIAC has followed a recent trend in international arbitration and has introduced a provision providing for “Early Determination Procedures”. Under the new Article 43 a party may seek an early decision of the tribunal on factual or legal issues. Article 43(1) provides: The arbitral tribunal shall have the power, at the…
The Hong Kong International Arbitration Centre (HKIAC) has announced that the new version of its Administered Arbitration Rules…
The English High Court has confirmed in Daewoo Shipbuilding & Marine Engineering Company Ltd v Songa Offshore Equinox…
In a decision dated September 7, 2018 (case no. 5A_942/2017, selected for publication), the Swiss Federal Supreme Court issued a landmark decision on the enforcement of arbitral awards against state-owned assets located in Switzerland. The case revolved around a UNCITRAL award issued by an arbitral tribunal with its seat in Paris against a central Asian state. Based on this award, enforcement proceedings were initiated against real estate owned by the central Asian state in Switzerland. The…