The costs of international arbitration can be substantial. At the same time, an arbitral tribunal has a broad discretion regarding the question: Which party has to bear the costs of the arbitration? Against this background, the ICC Commission’s Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion. The results were compiled in the ICC Commission Report “Decisions on Costs in…
In its judgment of 18 January 2016[1], the Svea Court of Appeal overturned the Stockholm District Court’s judgment…
On January 26, CPR announced a new Steering Committee for its Young Attorneys in Alternative Dispute Resolution Program…
Recent development While Turkey’s International Arbitration Law No. 4686 has long permitted Turkish courts to grant interim relief before or during arbitral proceedings, the law was silent as to whether this was permitted once a final award had been rendered by the arbitral tribunal but before it became enforceable by Turkish execution offices. A Turkish Court of Appeal has now made clear that courts can grant interim relief at any time before, during or after…
In a judgment of 7 August 2015, the Court of Appeal Cologne had to deal with a claim for…
In three similar decisions of 17 March 2015[1] the Austrian Supreme Court (“OGH”) clarified how insolvency proceedings may…
In its decision dated November 9, 2015, the Swiss Federal Supreme Court ruled on whether or not to set aside a CAS award on the grounds that the CAS arbitrator had wrongly accepted jurisdiction. In its decision dated November 9, 2015 (case no. 4A_176/2015), the Swiss Federal Supreme Court was called upon to decide whether or not to set aside a CAS arbitral award on the grounds that the arbitrator had wrongly accepted jurisdiction to…
In its decision dated 12 January 2015 (Court of Appeal Munich, file no. 34 Sch 17/13, http://openjur.de/u/755584.html), the…
“Would you, dear arbitrator candidate, be prepared to meet with my client? They really want to know beforehand…
Most major international arbitration rules require that an award rendered by a tribunal include the reasons upon which it is based. However, arbitration institutions themselves often render decisions of significant importance to parties—for example regarding challenges to arbitrators—and most arbitration rules do not require that the institution provide reasons for such decisions. It is therefore of considerable interest that the International Court of Arbitration of the International Chamber of Commerce (“ICC Court”) announced in a…