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In Arbitration Procedure

Post M&A Disputes: Breach of Indemnification Clauses in M&A Contract

by 6 Mins Read

Indemnification clauses are common in share purchase agreements (“SPA”). Post M&A disputes frequently concern alleged breaches of such clauses. These disputes raise difficult questions of both substantive and procedural law. The reason is that an indemnification dispute involves at least four parties: The target company, the third party who raises claims against the target company, the seller (= the indemnitor) and the buyer (= the indemnitee). Reasons to Include Indemnification Clauses in SPAs In the…

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In Arbitration Procedure

CAS Denies Russian Olympic Committee and Russian Athletes’ Challenge of two International Association of Athletic Federations Rules

by 10 Mins Read

The IAAF recently extended its ban on Russian athletes through the World Championships in London this summer, stating that Russian athletes should not expect to be reinstated until at least November of 2017. Here is a look back at the Court of Arbitration for Sport’s decision to uphold IAAF’s original suspension of Russian athletes. In its decision dated October 10, 2016 (CAS 2016/O/4684), the CAS was called upon to decide the legality of the application…

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In England and Wales

UK Supreme Court rules on whether award debtors can be ordered to pay security as a condition of resisting enforcement proceedings

by 7 Mins Read

In a landmark decision, the UK Supreme Court has determined that the New York Convention does not permit domestic courts to require the provision of security as a condition for challenging the recognition and enforcement of an arbitral award on public policy grounds. Background The judgment handed down on 1 March 2017[1] is the latest round in a long-running saga between the Nigerian National Petroleum Corporation (NNPC) and IPCO Nigeria Ltd (IPCO), related to the…

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In Arbitration Procedure

Reform Trends in German Arbitration – Towards further International Harmonization or Return to German Virtues?

by 5 Mins Read

Recently, both the German legislator and the German Institution of Arbitration tasked working groups with a reform of the German arbitration law and the DIS Arbitration Rules. The last reforms in 1998 strived for unification with international standards. Now is the time to ask whether Germany should aim at further internationalization, or rather emphasize characteristics of German law that serve the users’ needs: time, costs and predictability. In 1998, Germany had, with some minor amendments,…

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