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…
The court’s power to make appointments to an arbitral tribunal and the limitations it faces under the Arbitration…
[row][3_of_12] Date: September 27, 2016 Time: 1 p.m. to 6 p.n. Oktoberfest starting at 8:30 pm Venue: Baker…
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…
On August 30, 2016, the ABA Section of International Law will hold a teleconference entitled “CAS”: The “Supreme…
This article is about two phenomena which currently impact the business of dispute resolution: The Vanishing Trial and…
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]…
A tribunal in an investment arbitration pursuant to the UNCITRAL Arbitration Rules between South American Silver Limited (“Claimant”)…
In the proceedings file No. 23 Cdo 3870/2015, the Czech Supreme Court dealt with the issue of commencement…
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…