In a recent case the English High Court refused to apply the IBA Guidelines on Conflicts of Interest 2014 (IBA Guidelines) when it considered a challenge to an arbitrator. Instead, in applying the English common law test for apparent bias, it concluded that there was no apparent bias despite the circumstances falling within the non-waivable red list under the IBA Guidelines. The case demonstrates that although the English court will have regard to the IBA…
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…
You might have asked yourself whether it really makes a difference whether you agree in your arbitration clause on the ICC Arbitration Rules or any other international arbitration rules. You will find the answer to this question in this latest Chart of Arbitral Institutions comparing the ICC, LCIA, SCC, CIETAC, SIAC, HKIAC, and UNCITRAL Arbitration Rules.
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…
A recent decision by the Swiss Federal Supreme Court (4A_628/2015) has addressed the jurisdictional hurdles that can result from multi-tiered dispute resolution clauses, under which parties must first submit disputes to conciliation before being able to commence arbitration. Background The parties had agreed that, before referring disputes to arbitration in Switzerland in accordance with the UNCITRAL Arbitration Rules, they would make an attempt to resolve the matter through conciliation pursuant to the then existing ICC…
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…
In a nutshell, arbitration must fulfil two main aims to be attractive to its potential users: enforceability of the award must be certain and proceedings must be efficient. In light of those aims, the year 2015 brought two major changes to arbitration proceedings in Poland. Firstly, the amendment of the Bankruptcy Law put an end to all the doubts that arose with regard to the effect of the bankruptcy proceedings of a party to an…