Traditionally in the Czech Republic, both national and foreign arbitration awards could have been enforced either in standard court enforcement proceedings or in proceedings administered by court-appointed bailiffs. While procedurally enforcement through a bailiff is an alternative to the enforcement through a court, the former possesses a few clear advantages. Some of the advantages include the absence of a court fee or the more pro-active role of the bailiff when it comes to investigating the…
An award creditor, Dredging and Maritime Management SA (“DMM”) sought to recognize and enforce an ICC award issued…
Safran Elec. & Defense SAS v. iXblue SAS, No. 1:18-cv-07220 (S.D.N.Y. Feb. 6, 2019) [click for opinion] In…
The world is small, so is the arbitration scene. Therefore, it cannot always be prevented that arbitrators and counsel know each other from previous professional encounters. But when can this fact lead to the challenge of an arbitrator? The Higher Regional Court of Frankfurt had to deal with this question[1] – in two respects. Respondent’s counsel had worked in the same law firm as the presiding arbitrator and the arbitrator nominated by Respondent. As to…
The Fédération Internationale des Ingénieurs-Conseils (FIDIC), in association with the International Tunnelling and Underground Space Association (ITA-AITES), launched…
On 12 March 2019, the Brussels Court of Appeal suspended the enforcement of an arbitral award that was…
We are pleased to announce that the twelfth edition of The Baker McKenzie International Arbitration Yearbook is now available. This edition reviews important developments in arbitration in the past year across 45 jurisdictions, including changes to the settlement of investor-State disputes, the ongoing uncertainty around the future of intra-EU BITs following the European Court of Justice’s decision in Achmea, the continued push for procedural efficiency, and revised national laws relating to the funding of arbitration…
In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain…
The LCIA’s 2018 Casework Report provides another interesting snapshot of LCIA arbitration in numbers, including improvements in a…
Diag Human S.E. v. Czech Republic – Ministry of Health, 907 F.3d 606 (D.C. Cir. Oct. 26, 2018) [click for opinion] The Czech Republic Ministry of Health (the “Czech Republic”) and blood plasma business Diag Human, S.E. (“Diag Human”), have been in a dispute spanning nearly three decades. The feud began after the Czech Republic’s then-Minister of Health, in the early 1990s, allegedly violated unfair competition laws by sending a letter to Diag Human’s major business…