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…
The International Council for Commercial Arbitration (“ICCA”) has recently published a so-called “Drafting Sourcebook for Logistical Matters in…
Witness evidence in international arbitration is generally prepared by witness statements these days. A witness statement is a…
Greece will go bankrupt. The struggling Greek economy will collapse. Probably, Greece will leave the Euro-Zone. New state laws will come into force stipulating the conversion of all Euro-denominated contracts into a local currency, the new drachma. This scenario is more likely than ever and it will impact existing contracts between Greek companies and their foreign counterparts. It does not take the proverbial crystal ball to foresee that the Greek companies will invoke the “doctrine…
The Greek crisis might prevent foreign investors in Greece from transferring their funds to their home country. If…
In Sierra Fishing Company and other v Hasan Said Farran and others [2015] EWHC 140 (Comm), the English…
In Jacobs E&C Limited v Laker Vent Engineering Ltd [2015] EWHC 4818 (TCC) the English High Court considered the interaction between an application for an interim injunction and a cross-application for a stay of those proceedings under the Arbitration Act 1996 (the “Act”). Dismissing both applications, the Court considered each application separately and held that it is not required to consider the applications jointly when deciding on their merits. In his obiter remarks, Ramsey J…
It has been suggested that the use of arbitration to resolve disputes in the financial services sector is…
1. Introduction Two recent directives for lawyer comportment have triggered lively debates on how the fairness of arbitration…
In a highly anticipated decision (Gazprom C-536/13) the European Court of Justice (the “ECJ”) has clarified that anti-suit injunctions issued by arbitral tribunals are not contrary to the provisions of the Brussels I Regulation. Gazprom and the Lithuanian Ministry of Energy (the “Ministry”) were both shareholders in a Lithuanian natural gas company, Lietuvos Dujos. The Shareholders’ Agreement provided for the resolution of disputes to be referred to arbitration under the Rules of the Stockholm Chamber…