The expansion of economic globalization and the growing number of transnational transactions in the last few decades have – inevitably – resulted in an increased number of cross-border disputes. As a result, the relationship between international trade and arbitration has become a hot topic in Turkey and has revealed the necessity of establishing a state independent international arbitration centre to supervise arbitration proceedings. An arbitration centre is especially important for foreign companies with projects or…
On Sept. 16, 2015, the European Union launched a proposal for a new “Investment Court System” which shall…
A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that…
In the Federal Supreme Court’s decision of June 18, 2014 (III ZB 89/13) the court had to decide the question whether a court’s decision on the validity of an arbitration agreement is binding for a succeeding arbitral proceeding based on the same arbitration agreement. The facts The decision is based on the following case: The dispute arose from a cooperation agreement and a lease agreement regarding a golf course. Both agreements contained an arbitration agreement.…
In its judgment dated 25 June 2015, the Svea Court of Appeal annulled a Stockholm Chamber of Commerce…
Pursuant to Section 588 para 1 Austrian Code of Civil Procedure (“ACCP”) an arbitrator is under the continuous…
In large arbitration cases, skilled counsels fill hundreds of pages with factual and legal arguments in order to persuade the arbitral tribunal. Only if counsel and client are completely convinced that their submission is “the best brief possible under the given circumstances” if not “the best brief ever”, it will ultimately be filed. But will the submission truly convince the arbitral tribunal? A German proverb says “The bait is for the fish to like, not…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list…
While nearly all international arbitral institutions now make provision in their rules for interim relief, national courts are…
According to German law, a party challenging an arbitral award for procedural irregularities has to demonstrate that such irregularities presumably affected the outcome of the arbitration. In a recent decision, the Federal Supreme Court provided some guidance as to the level of proof required in this regard (Decision of December 11, 2014, record no I ZB 23/14). The German arbitration law, contained in the 10th book of the German Code of Civil Procedure (ZPO), was…