In its decision dated November 9, 2015, the Swiss Federal Supreme Court ruled on whether or not to set aside a CAS award on the grounds that the CAS arbitrator had wrongly accepted jurisdiction. In its decision dated November 9, 2015 (case no. 4A_176/2015), 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 arbitrator had wrongly accepted jurisdiction to…
In its decision dated 12 January 2015 (Court of Appeal Munich, file no. 34 Sch 17/13, http://openjur.de/u/755584.html), the…
“Would you, dear arbitrator candidate, be prepared to meet with my client? They really want to know beforehand…
Most major international arbitration rules require that an award rendered by a tribunal include the reasons upon which it is based. However, arbitration institutions themselves often render decisions of significant importance to parties—for example regarding challenges to arbitrators—and most arbitration rules do not require that the institution provide reasons for such decisions. It is therefore of considerable interest that the International Court of Arbitration of the International Chamber of Commerce (“ICC Court”) announced in a…
Since its establishment in 2004, the Swiss Chambers’ Arbitration Institution and the Arbitration Court have handled 836 arbitration cases.…
On July 28, 2015, the Swiss Federal Supreme Court had to decide a rather unusual case concerning the alleged…
In a decision rendered on July 29, 2015, the Swiss Federal Supreme Court had to consider the use of administrative secretaries and “consultants” to arbitral tribunals (decision 4A_709/2014 of July 29, 2015). The case concerned the renovation of a property in Switzerland. The parties had agreed to submit a dispute to a sole arbitrator who should decide it ex aequo et bono. The parties losing the arbitration filed an appeal and argued that the sole…
A referral to the “International Chamber of Commerce, Zürich, Switzerland and subsidiary by the laws of Germany” is…
Nowadays high value M&A transactions and project structures can be very complex, in particular involving a number of…
On 18 June 2015 the European Commission issued a press release stating that they had “initiated proceedings against five Member States today requesting them to terminate intra-EU bilateral investment treaties between them”, and were launching a campaign to wipe out the broader intra-EU BIT regime. Lord Jonathan Hill, European Commissioner for Financial Services, said that intra-EU BITs are “outdated and… no longer necessary”. The Member States targeted by the Commission are: Austria, the Netherlands, Romania,…