In January 2016, the German Federal Supreme Court had to deal with the question whether an arbitral tribunal has jurisdiction to decide on a claim if the parties agreed on expert determination proceedings prior to arbitration but the claimant directly filed a request for arbitration. The Federal Supreme Court ruled that a pactum de non petendo included in an agreement on expert determination does not affect the arbitral tribunal’s competence to rule on a claim…
In its decision dated March 22, 2016 (case no. 4A_678/2015), the Swiss Federal Supreme Court was called upon to…
A recent decision by the Swiss Federal Supreme Court (4A_628/2015) has addressed the jurisdictional hurdles that can result…
In a remarkable turn of events the District Court of The Hague has set aside six arbitration awards, including the three final awards in excess of $50bn, in the investment arbitration against the Russian Federation over the change of ownership in the former Yukos Oil Company. The decision (which can be found in full here) was released last Wednesday, 20 April 2016. The Yukos Investment Arbitration Proceedings The arbitrations were initiated in 2005 by former…
“Investment arbitration” is a hot topic not only but also because the Europeans refuse to accept the respective…
In a nutshell, arbitration must fulfil two main aims to be attractive to its potential users: enforceability of…
In a decision of 23 June 2015,[1] the Austrian Supreme Court (“OGH”) decided on an action to set aside an arbitral award on jurisdiction. The OGH’s decision contains clarifying remarks on the question of the applicable law to an arbitration clause and the form requirements which an arbitration clause must fulfill in order to be validly concluded pursuant to Section 583 para 1 Austrian Code of Civil Procedure (“ACCP”). 1. The underlying arbitration Claimant (who…
Document production, at least to some extent, is an integral part of most international arbitration proceedings. This is…
On 23 February 2016,[1] the Austrian Supreme Court (“OGH”) rendered a new decision on an action to set…
Terra Holding GmbH and Terra Handels-und Speditionsgesellschaft mbH v. Unitrans International, Inc., No. 14-cv-1788 (E.D. Va. Aug. 19, 2015), the District Court for the Eastern District of Virginia compelled arbitration of the question of arbitrability where the arbitration agreement incorporated Vilnius Court of Commercial Arbitration rules that delegated that decision to the arbitrators. Plaintiffs, Terra Holding GmbH and Terra Handels-und Speditionsgesellschaft mbH (both German entities), sued Defendant, Unitrans International, Inc. (a U.S. corporation), for, inter…