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In Arbitration Procedure

Challenge of an Arbitrator under the Swiss Rules of International Arbitration: Statistics for the first ten years

by 1 Min Read

Since its establishment in 2004, the Swiss Chambers’ Arbitration Institution and the Arbitration Court have handled 836 arbitration cases. Under the Swiss Rules of International Arbitration, a party can challenge an arbitrator if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence. The Swiss Chambers’ Arbitration Institution has recently published a statistics for the time period from 2004 to 2014, showing that only fourteen challenges have been filed during the first…

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In Consent to Arbitrate

Swiss Federal Supreme Court rules on pathological arbitration clause

by 3 Mins Read

A referral to the “International Chamber of Commerce, Zürich, Switzerland and subsidiary by the laws of Germany” is not a valid arbitration agreement. In a decision published on July 29, 2015, the Swiss Federal Supreme Court rejected a petition to set aside an award rendered by an arbitral tribunal in Switzerland who had declined its jurisdiction on the ground that there was no valid arbitration agreement (decision 4A_676/2014 of July 29, 2015). A Dutch foundation,…

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In Arbitration Procedure

Turkey: Constitutional Court confirms the constitutionality of the Law on the Istanbul Arbitration Centre

by , , and 4 Mins Read

The expansion of economic globalization and the growing number of transnational transactions in the last few decades have – inevitably – resulted in an increased number of cross-border disputes. As a result, the relationship between international trade and arbitration has become a hot topic in Turkey and has revealed the necessity of establishing a state independent international arbitration centre to supervise arbitration proceedings. An arbitration centre is especially important for foreign companies with projects or…

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In Consent to Arbitrate

Germany: Decision of a state court on the validity of an arbitration agreement does not bind third parties to the arbitration agreement

by 4 Mins Read

In the Federal Supreme Court’s decision of June 18, 2014 (III ZB 89/13) the court had to decide the question whether a court’s decision on the validity of an arbitration agreement is binding for a succeeding arbitral proceeding based on the same arbitration agreement. The facts The decision is based on the following case: The dispute arose from a cooperation agreement and a lease agreement regarding a golf course. Both agreements contained an arbitration agreement.…

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