Over the course of 2016, arbitral institutions around the globe have published their case load statistics for 2015. Like last year, Global Arbitration News has compiled the new case numbers from eleven arbitral institutions. They paint the following picture: the total number of arbitrations continues to grow. CIETAC and the ICDR continue to be the two leading arbitration institutions in the world as far as sheer numbers are concerned: 2012 2013 2014 2015 ICC[1]…
A tribunal in an investment arbitration pursuant to the UNCITRAL Arbitration Rules between South American Silver Limited (“Claimant”)…
In the proceedings file No. 23 Cdo 3870/2015, the Czech Supreme Court dealt with the issue of commencement…
In a recent decision, the Higher Regional Court of Munich (Oberlandesgericht München; hereinafter: “Court”) ruled that an arbitrator cannot be challenged for lack of impartiality because he failed to use language emphasizing the preliminary nature of a pre-hearing indicative order. (Higher Regional Court of Munich, Decision of 24 November 2015 (34 SchH 5/15), NJW 2016, 881 = SchiedsVZ 2015, 309.) The Facts In 2014, Claimant brought a payment claim against Respondent arising out of the…
On 23 June 2016, the British public voted 51.9% in favor of leaving the EU (“Brexit“). Legal practitioners,…
“According to the fair play of the world, Let me have audience.” William Shakespeare Whilst Shakespeare’s words echo…
In Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. and Enelpower S.p.A., No. 15 Civ. 3283 (S.D.N.Y. Mar. 11, 2016), the District Court for the Southern District of New York concluded that Section 203 of the FAA and the New York Convention do not provide subject matter jurisdiction over actions to enforce a foreign court’s judgment, even where a party contends that the foreign judgment is inconsistent with an earlier arbitral award or agreement to arbitrate. In…
In Al Rushaid v. National Oilwell Varco, Inc., No. 15-20260 (5th Cir. Feb. 17, 2016), the Fifth Circuit…
The topic of arbitrator bias has been the subject of two recent English law cases: W Limited v.…
One of the central questions considered by the court in Barrier Limited v Redhall Marine Limited [2016] EWHC 381 (QB) was whether an arbitration clause from a contract (the “Main Contract”) between A and B had been incorporated into a subcontract between B and C. Background facts: The applicant was the subcontractor, engaged to paint the interior and exterior of Astute class submarines. It applied to the court for pre-action disclosure against the respondent, who…