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…
In a recent case the English High Court refused to apply the IBA Guidelines on Conflicts of Interest…
On 19 January 2016, the English High Court in Pencil Hill Ltd v US Citta Di Palermo SpA…
Are offers to arbitrate in BITs (Bilateral Investment Treaties) between EU member states compatible with the laws of the European Union? On 3 March 2016, the German Federal Supreme Court (Bundesgerichtshof or short: BGH) submitted this question to the Court of Justice of the European Union (CJEU) for preliminary ruling. The CJEU’s decision in this matter could have wide ranging implications for EU investors. Background to the Case The case originates from an investment arbitration…
You might have asked yourself whether it really makes a difference whether you agree in your arbitration clause…
In January 2016, the German Federal Supreme Court had to deal with the question whether an arbitral tribunal…
In its decision dated March 22, 2016 (case no. 4A_678/2015), 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 tribunal had ruled infra petita and had disregarded a party’s right to be heard. The underlying dispute revolved around a claim raised by a Brazilian football player (B.) against a Portuguese football club (Club A.), the latter of which is a…
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,…
“Investment arbitration” is a hot topic not only but also because the Europeans refuse to accept the respective dispute resolution mechanism in the TTIP-discussions with the United States of America. In this context, arbitration is a means to protect a past investment against undue influence exercised by the host state. However, a slight change of the term “Investment Arbitration” into “Investment: Arbitration!” gives rise to a different discussion. The term then indicates that an arbitration…