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In Arbitration Procedure

Quo Vadis Party-appointed Experts?

by and 6 Mins Read

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.…

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In Arbitration Procedure

Fast, faster, Early Determination Procedures?

by and 7 Mins Read

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…

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In Europe

Swiss Federal Supreme Court rules that arbitral awards against states can only be enforced in Switzerland if the underlying claim has a link to Switzerland

by 4 Mins Read

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…

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In Europe

Turkey: ISTAC Arbitration is Now an Alternative For Public Procurement Agreement Disputes

by 1 Min Read

Recent development The Turkish Public Procurement Authority recently amended the standard contracts annexed to the Regulations on the Implementation of Public Procurements effective as of 19 January 2018. What do the amendments say? Instead of referring to Turkish courts, public administrations may choose arbitration for disputes arising out of the execution of a procurement agreement. The Istanbul Arbitration Centre (ISTAC) will conduct domestic arbitrations; for international arbitrations, public administrations can choose between ad hoc arbitration…

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