In its decision of 6 August 2024, the Swiss Federal Supreme Court (“SFSC”) deliberated on the effects of a negative decision on jurisdiction by a foreign arbitral tribunal to state courts in Switzerland (case no. 4A_621/2023 [in German], intended for official publication).Factual background In the case at stake, a dispute arose between a Slovenian and Swiss company concerning a distribution agreement. Subsequent to numerous disagreements, the Slovenian company (the claimant and subsequently defendant before the SFSC proceedings)…
A. LEGISLATION AND RULES A.1 Legislation Both international and domestic arbitration in Sweden continues to be governed by…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Poland continues to be governed by the rules embodied…
A. LEGISLATION AND RULES A.1 Legislation Ukraine is a civil law country; thus, the issues of international arbitration are governed primarily by the following: Court precedents are not considered to be a source of law in Ukraine; however, the courts of lower instances shall give due regard in their decisions to the conclusions of law made by the Supreme Court and the Great Chamber of the Supreme Court. With regard to international treaties, Ukraine is…
A. LEGISLATION AND RULES A.1 Legislation The Code of Civil Procedure of Switzerland was revised as per 1…
The Netherlands A. LEGISLATION AND RULES A.1 Legislation There are no developments with respect to the Dutch laws…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Czech Republic continues to be governed by Act No. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitration Awards, as amended (“Arbitration Act”). The Arbitration Act is based on the UNCITRAL Model Law and has not been amended since 2017. Pursuant to section 30 of the Arbitration Act, the Czech Rules of Civil Procedure (Act No. 99/1963 Coll., as amended) (“Civil Procedure Code”) is to…
A. LEGISLATION AND RULES A.1 Legislation A.1.1. No new legislative amendments to the New Code of Civil…
A. LEGISLATION AND RULES A.1 Legislation There have been no relevant legal developments on arbitration in Spain during…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Belarus continues to be governed by the Law on the International Arbitration Court[1] (“International Arbitration Law”), which was enacted on 9 July 1999. This law is based on the UNCITRAL Model Law, and no significant amendments have been made since its enactment. In addition, the Economic Procedural Code, adopted on 15 December 1998, contains provisions relating to challenging and enforcing local and foreign arbitral awards. Belarus…