Litigation funding, sometimes called third-party funding or litigation finance, is becoming increasingly popular in Switzerland these days. One major force behind this trend is the procedural law in Switzerland. At the beginning of proceedings when the action is filed, the plaintiff may already have incurred substantial costs. Swiss civil courts may demand the plaintiff to make an advance payment up to the amount of the expected court costs. The amount of the advance payment will…
According to the Polish Supreme Court – very far, as it allowed an arbitral award to modify the…
1. Summary In Company 1 v. Company 2 and another[1], the English court confirmed its jurisdiction to make…
Overview Following debate within the arbitration community regarding the proper scope of the role of a tribunal secretary and a series of challenges to arbitral awards based on the alleged improper exercise of that role, the London Court of International Arbitration (“LCIA”) recently updated its Notes for Arbitrators, with a particular focus on implementing new guidelines on the use of tribunal secretaries (cf. short note on ICC’s and LCIA’s Revised Practice Notes). These changes primarily…
Given the flows of credit through London, the Third Party Debt Order is a useful tool in the…
For those not familiar with the relevant rules, the calculation of the time limit for challenging an English…
The ultimate objective of a party seeking damages in an arbitration is usually to get paid. This article offers twenty-five practical tips for achieving the objective of converting an arbitral award into money. While several of the tips that appear below are relevant to both domestic and international awards, the enforcement of international awards can be more challenging. Any discussion of enforcement of international arbitration awards must be done against the backdrop of the 1958…
With decision dated 17 October 2017 (4A_53/2017), the Swiss Federal Supreme Court considered for the first time whether…
Technology plays an increasingly important role in almost every aspect of life and does not stop at international…
Overview The recent judgment in UMS Holding Ltd & Ors v Great Station Properties SA & Anor [2017] EWHC 2398 saw Mr Justice Teare dismiss challenges to an arbitration award brought under section 68 of the Arbitration Act 1996 (“AA 1996”). The judgment includes valuable guidance on the proper scope and effect of section 68 particularly in the context of a tribunal’s approach to evidence. The court concluded that a failure to address or take…