In a decision of 23 June 2015,[1] the Austrian Supreme Court (“OGH”) decided on an action to set aside an arbitral award on jurisdiction. The OGH’s decision contains clarifying remarks on the question of the applicable law to an arbitration clause and the form requirements which an arbitration clause must fulfill in order to be validly concluded pursuant to Section 583 para 1 Austrian Code of Civil Procedure (“ACCP”). 1. The underlying arbitration Claimant (who…
Document production, at least to some extent, is an integral part of most international arbitration proceedings. This is…
On 23 February 2016,[1] the Austrian Supreme Court (“OGH”) rendered a new decision on an action to set…
Terra Holding GmbH and Terra Handels-und Speditionsgesellschaft mbH v. Unitrans International, Inc., No. 14-cv-1788 (E.D. Va. Aug. 19, 2015), the District Court for the Eastern District of Virginia compelled arbitration of the question of arbitrability where the arbitration agreement incorporated Vilnius Court of Commercial Arbitration rules that delegated that decision to the arbitrators. Plaintiffs, Terra Holding GmbH and Terra Handels-und Speditionsgesellschaft mbH (both German entities), sued Defendant, Unitrans International, Inc. (a U.S. corporation), for, inter…
Editor’s Note: This is the second of two articles on recent developments related to expropriations in Zimbabwe. This…
Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields,…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available. The ninth edition of an annual series established by the Firm in 2007, this volume comprises reports on arbitration in key jurisdictions around the globe. Leading lawyers of the Firm’s International Arbitration Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends in the jurisdictions in which they practice. Each chapter…
When about 150,000 demonstrators protested against the proposed Transatlantic Trade and Investment Partnership (TTIP) in Berlin in October…
Can witnesses in the course of an arbitral hearing be requested to testify on issues for which they…
Anchoring is a psychological phenomenon wherein a person is influenced by certain reference points he or she is given at the beginning. Accordingly, a high claim in an arbitration, or a high starting offer in a negotiation, can influence the end result. Research suggests, however, that also nondescript information, i.e. information that carries no useful information for the issue to be decided, can influence decision making. Does this also work in arbitration? Psychology teaches that…