The Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) was founded in 1917. It is part of the Stockholm Chamber of Commerce, but acts independently in its administration of domestic and international disputes. On February 2017, the SCC published a report on investor-state disputes registered at the SCC, describing among other things, the nationalities of the parties and arbitrators appointed, the basis of consent invoked by investors, the outcomes of the cases decided under…
In a landmark decision, the UK Supreme Court has determined that the New York Convention does not permit…
In many transactions, the target company’s financial statements either play an important or even a crucial role for…
On March 1, 2017, the new Arbitration Rules of the International Chamber of Commerce (“ICC-Rules”) come into force. In Art. 30 and Annex VI, they contain specific provisions for an Expedited Procedure (“Fast-Track Arbitration”). The characteristic features of the new Expedited Procedure are that a sole arbitrator with extended powers shall render an arbitral award within six months after a limited establishment of the facts and optionally without a hearing. Expedited Procedures by which disputes…
Recently, both the German legislator and the German Institution of Arbitration tasked working groups with a reform of…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016.…
While toasting the New Year over a glass or two of champagne, it may have gone unnoticed to many of us that the strike of midnight also marked a more momentous event: the coming into force of two new sets of arbitration rules. On 1 January 2017, the Stockholm Chamber of Commerce (“SCC”) Arbitration Rules 2017 (the “SCC Rules “)[1] and the Singapore International Arbitration Centre (“SIAC”) Investment Arbitration Rules 2017 (the “SIAC IA Rules”)[2]…
Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected,…
Post-M&A arbitration has long followed an established pattern: In the course of the transaction the buyer assesses the…
“An earnout often converts today’s disagreement over price into tomorrow’s litigation over the outcome.” Airborne Health, Inc. v. Squid Soap, LP, 984 A.2d 126, 132 (Del. Ch. 2009).Parties negotiating the acquisition of a company frequently are not able to agree on the purchase price. The reason is that the purchase price should reflect the company value which depends on the company’s business development in the future. The disagreement about the price is caused by different…