Search for:
Category

Europe

Category

In its last week’s decision[1], the German Federal Constitutional Court gave green light for the Comprehensive Economic and Trade Agreement (‘CETA’)[2] between the European Union (‘EU’) and Canada. CETA is one of the three free trade agreements hotly debated in politics and industry (the other two being ‘TTIP'[3] and ‘TPP'[4]). On 18 October 2016 the Council of the EU plans to adopt a package of decisions on CETA[5], explicitly decisions which fall under the exclusive…

In its report “Costs of arbitration and apportionment of costs under the SCC Rules” of February 2016[1], the SCC has reviewed the cost apportionment in awards issued by SCC tribunals between 2007 and 2014. The SCC Report is of interest because the SCC Rules do not contain a mandatory “loser pays”-rule. Rather, Article 43(5) and Article 44 of the SCC Rules provide that the outcome of the case is the primary (out of many) factors…

Over the course of 2016, arbitral institutions around the globe have published their case load statistics for 2015. Like last year, Global Arbitration News has compiled the new case numbers from eleven arbitral institutions. They paint the following picture: the total number of arbitrations continues to grow. CIETAC and the ICDR continue to be the two leading arbitration institutions in the world as far as sheer numbers are concerned: 2012 2013 2014 2015 ICC[1]…

In a recent decision, the Higher Regional Court of Munich (Oberlandesgericht München; hereinafter: “Court”) ruled that an arbitrator cannot be challenged for lack of impartiality because he failed to use language emphasizing the preliminary nature of a pre-hearing indicative order. (Higher Regional Court of Munich, Decision of 24 November 2015 (34 SchH 5/15), NJW 2016, 881 = SchiedsVZ 2015, 309.) The Facts In 2014, Claimant brought a payment claim against Respondent arising out of the…