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…
In Micula v. Romania,[1] a D.C. district court judge recently enforced an investor-state arbitration award in a case…
On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE (“Strabag”) for the initiation of…
In Tennant Energy LLC (USA) v. Government of Canada (PCA Case No. 2018-54), a NAFTA tribunal addressed the reach of the General Data Protection Regulation 2016/679 (“GDPR”). The EU-Regulation, which came into force in May 2016, introduced extensive obligations on data processors and data controllers. Since then, the Regulation has raised many questions. The tribunal now dealt with the question of whether the EU-Regulation affects arbitration under the North American Free Trade Agreement. Background On…
In its decision dated 28 May 2019 (case No. 4A_543/2018 (in German), selected for publication in the official…
The Achmea decision and its aftermath are still a hot topic in the international arbitration community. In the…
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…