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…
What is the most efficient alternative, i.e. out of court, way to settle disputes? Arbitral institutions provide many…
Autoridad del Canal de Panama v Sacyr SA and others [2017] EWHC 2228 (Comm) and [2017] EWHC 2337…
On 8 November, the SCC announced on its website (click here to view the announcement) that as of 1 January 2018, the SCC Board will provide reasoned decisions on arbitrator challenges unless the parties agree otherwise. While in the past the SCC Board rarely gave reasoned decisions, since 2005 it regularly published reports on arbitrator challenges aiming to make their decisions more predictable. The last report was published in January 2016, summarizing the Board’s decisions…
At the end of October, both, ICC and LCIA, introduced revised practice notes. Aiming to increase efficiency of…
On 1 September, a task force of the ICCA and the Queen Mary School of International Arbitration published…
In an advisory opinion to the Court of Justice of the European Union (CJEU), Advocate General Wathelet has rejected the argument that investor-State dispute settlement mechanisms in intra-EU bilateral investment treaties are inherently incompatible with EU law. While an Advocate General’s recommendations to the CJEU are non-binding, they are highly influential and are frequently adopted by the Court. The case could therefore have far-reaching consequences for investment arbitration within Europe. Background Prior to acceding to…