In its decision 4A_260/2017 rendered on 20 February 2018, the Swiss Federal Supreme Court declined to set aside an award rendered by the Court of Arbitration for Sport (CAS), confirming, among other points, that the panel constituted under the CAS rules satisfies the requirement of independence as applied in Switzerland. Case background In 2008, FIFA introduced a new provision to the Regulations on the Status and Transfer of the Players (RSTP) (Article 18bis), preventing clubs…
The case of Agile Holdings Corp v Essar Shipping Ltd[1] clarifies the circumstances in which the court can…
In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance…
The rejection of SCM Financial Overseas Ltd’s (“SCM”) challenge to an US$ 860 million award in favour of Raga Establishment Ltd (“Raga”) on the grounds of serious irregularity under section 68 of the Arbitration Act 1996 (“AA 1996”) reinforces the difficulty of challenging the outcome of arbitral proceedings. In the Commercial Court, Mr Justice Males has dismissed SCM’s challenge, in which SCM alleged that the arbitrators neglected their duty of fairness under section 33 AA…
On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT.…
Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected,…
The question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took an arbitration-friendly approach by dismissing an action as inadmissible and referring the dispute to arbitration.[1] The dispute arose between a joint venture of construction companies (“Claimant”) and a rail manufacturer (“Respondent”). In 2003, Claimant and Respondent concluded two contracts under which Respondent was obliged to deliver rails as well as to perform certain construction duties. Additionally, the…
“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…
In a decision dated 15 June 2017, the French Cour de cassation held that an acknowledgment of the validity of the arbitral tribunal’s constitution in the terms of reference amounts to a renunciation to invoke the tribunal’s lack of independence and impartiality.[1] In this case, the chair of the tribunal did not disclose any element in his declaration likely to raise reasonable doubt as to his independence and impartiality. However, one of the parties to…