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In Applicable Law

European Commission Targets Five EU Member States Over Intra-EU BITs

by and 4 Mins Read

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 Lord Jonathan Hill, European Commissioner for Financial Services, said that intra-EU BITs are “outdated and… no longer necessary”.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,…

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In Arbitration Procedure

The Substantial Involvement of Arbitral Secretaries

by and 6 Mins Read

A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that an arbitral secretary was substantially involved? The Russian Federation argues “Yes” and applied in November 2014 to the District Court of The Hague to set aside the so-called Yukos awards. [1] The arbitral secretary in the Yukos case had devoted between 40 % and 70 % more time to the arbitrations than did any of the arbitrators.…

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In Austria

Austrian Supreme Court: Failure to disclose = ground for challenging an arbitrator?

by and 4 Mins Read

Pursuant to Section 588 para 1 Austrian Code of Civil Procedure (“ACCP”) an arbitrator is under the continuous obligation to “disclose any circumstances likely to give rise to doubts as to his impartiality or independence”. According to Section 588 para 2 ACCP an arbitrator might be challenged “if circumstances exist that give rise to justifiable doubts as to his impartiality or independence”. In two (almost identical) decisions,[1] the Austrian Supreme Court (“OGH”) dealt with the…

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In England and Wales

UK: Arbitral Tribunal dismisses claim on the basis of non-compliance with an interim order – Court respects decision as final

by and 3 Mins Read

While nearly all international arbitral institutions now make provision in their rules for interim relief, national courts are often in a stronger position to provide and enforce such relief. Despite this, recent cases have demonstrated the increasing reluctance of the courts to undermine arbitral proceedings or to permit dual proceedings based on the same dispute. The recent case of Swallowfalls Ltd v (1) Monaco Yachting & Technologies Sam and (2) Peter Landers JR (2015) is…

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