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…
In a decision of 23 June 2015,[1] the Austrian Supreme Court (“OGH”) decided on an action to set…
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 aside an arbitral award. Notably, this is the fourth decision since the OGH was vested with the exclusive competence for setting aside proceedings in 2014. In its decision, the OGH once more confirmed its strict stance with regard to the violation of the right to be heard. In addition, the decision contains remarks concerning the violation of…
Terra Holding GmbH and Terra Handels-und Speditionsgesellschaft mbH v. Unitrans International, Inc., No. 14-cv-1788 (E.D. Va. Aug. 19,…
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, WC2a 3JB QMUL’s School of International Arbitration is pleased to present a guest lecture by Leng Sun Chan SC, Baker & McKenzie Wong & Leow (Singapore), discussing “Arbitrability: The Limits of Arbitration”. The foundation of arbitration lies in the agreement of parties to arbitrate. Party autonomy is often invoked as a guiding principle. Nonetheless, there are instances where…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available.…
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 were initially not offered by a party? At the outset, this appears to be a remote question but it has become a rather frequent practical problem which can have a significant impact on the outcome of an arbitration. Here is a typical scenario, illustrated by an example: in a large post M&A dispute, the buyer = Claimant…