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…
The recent decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV…
In many M&A transactions litigators become involved only after a dispute has arisen. However, a litigator’s experience in…
Approaching its twentieth anniversary, the modernization of the Swedish Arbitration Act (“SAA”) is closer than ever. Although the general perception is that the SAA is effective, the long-prepared reform aims to make it even more responsive to the needs of its users. The development of the reform to date The first steps towards modernizing the SAA were taken in February 2014, when the Swedish Government appointed a parliamentary committee to review the SAA, identify any…
In this last video Joerg Risse will sum up all the main changes of the revised DIS-Rules while…
Jasmin Sayers shows three main changes arbitration users have to be aware of when it comes to the…
Following a request for a preliminary ruling from the Brussels Court of First Instance (“CFI”), the Constitutional Court (“CC”) held in a judgment of 16 February 2017 that third parties should be entitled to lodge third-party opposition against arbitral awards, but they should not be able to rely on the limited grounds of annulment against arbitral awards to challenge arbitral awards directly. A company that was not a party to an arbitration proceeding, but nevertheless…
Jan Frohloff points out a few more changes regarding the proceedings before the Arbitral Tribunal (Articles 28-31 DIS…
Time is of the essence – this applies not only to contract law but also to arbitration. How…
On 24 November 2017, the Netherlands Supreme Court rendered a notable judgment in exequatur proceedings in a case governed by the New York Convention.[1] This judgment has international bearing, as it demonstrates how, according to the highest court in the Netherlands, one aspect of the New York Convention must be interpreted and applied in practice. As per the Vienna Convention on the Law of Treaties,[2] which reflects international custom,[3] such leading views must be taken…