Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected, each institution has its unique rules and associated collection of risks and benefits. The updated table below[1] provides a quick reference guide for the rules of several key institutions, the SIAC, the SCC, ICSID, UNCITRAL, CIETAC and the PCA. Click here to view the Pdf version. This is a simplified guide intended to provide an overview of the…
The question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took…
“Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?”[1] A session…
The London Court of International Arbitration (the “LCIA”) has recently published its Casework Report for 2017 which contains statistics on its performance last year.[1] The report makes for an interesting comparison with the 2016 report.[2] This article examines the LCIA’s 2017 figures, making comparisons also with those of the International Chamber of Commerce (the “ICC”),[3] where appropriate. Caseload The LCIA received 303 referrals in 2016, 253 of which fell under the LCIA rules (LCIA acting…
In a decision dated 15 June 2017, the French Cour de cassation held that an acknowledgment of the…
The recent decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV…
In many M&A transactions litigators become involved only after a dispute has arisen. However, a litigator’s experience in handling post-M&A disputes can give them an insight into the risks and common problems that arise in M&A transactions post-completion, and how these may be best mitigated at the contract drafting and management stage. At Baker McKenzie our M&A disputes specialists work as a team with our corporate colleagues in order assist in managing and mitigating risk…
Approaching its twentieth anniversary, the modernization of the Swedish Arbitration Act (“SAA”) is closer than ever. Although the…
In this last video Joerg Risse will sum up all the main changes of the revised DIS-Rules while…
Jasmin Sayers shows three main changes arbitration users have to be aware of when it comes to the termination of DIS arbitrations (Articles 37-42 DIS-Rules).