In Maximov v NMLK[1] the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been set aside by the supervisory courts in the seat of the arbitration. In this case the court refused to enforce a Russian arbitral award of almost nine billion roubles (RUB) which was subsequently set aside by the Russian courts. The application was dismissed on the basis that, while the Russian courts’…
1. Summary Could permission to set aside the English court’s permission to enforce a Swedish arbitral award allegedly…
In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle…
In the recent anonymised judgment of P v Q and others [2017] EWHC 194 (Comm), the England & Wales Commercial Court gave some important guidance on delegation within Tribunals and the appropriate role of a Tribunal Secretary. An appointment as a Tribunal Secretary is often seen as a stepping stone for arbitration practitioners looking for their first arbitral appointment. This judgment will be of interest to current and aspiring Tribunal Secretaries, as well as to…
Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again…
Can a tribunal order an impecunious claimant to pay security for costs? This is an often debated topic…
A. Introduction While investor-state arbitration remains a relatively new area of international law, the number of cases commenced under international investment agreements (IIAs) has grown exponentially over the past 10 years. This reflects in part the surge in the number of IIAs throughout the 1990s and early 2000s, but also an increasing awareness of the protections available.[1] For example, the 2016 UNCTAD World Investment Report noted that investors had initiated 70 known cases, the “highest…
The European Union and Japan have announced the main elements of a new economic partnership agreement, which has…
This table can provide a general overview only. The rules listed may not be applicable in all circumstances.…
Moving towards more gender diversity in international arbitration has gained traction. In our last year’s article, we predicted that “more arbitral institutions will publish the percentage of female arbitrators in their arbitral tribunals.”[1] We were right. The statistics of female arbitrators looks as follows: Percentage of Female Arbitrators:201420152016LCIA[2] (London Court of International Arbitration)11.7%16%20.6%VIAC[3] (Vienna International Arbitration Center)./.14.3%17.1%ICDR[4] (International Center for Dispute Resolution)./.16%16%ICC[5] (International Chamber of Commerce)./.4.4%14.8%DIS[6] (German Institution of Arbitration)./../.13.2%HKIAC[7] (Hong Kong International Arbitration Centre)./../.11.5%…