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In a ruling of 1 October 2014, the Higher Regional Court Munich had to deal with an arbitration clause containing certain conditions for the appointment of the arbitrator which could not be met when the dispute arose. The court decided that nevertheless the arbitration proceedings were admissible. The applicant was a former limited partner of the respondent, a limited partnership. The dispute was about a compensation which the applicant claimed from the respondent. Pursuant to the…

How prior corrupt conduct by a company can limit it from subsequently pursuing legal rights and remedies Bribery and corruption are significant risks in the context of international business transactions. These risks are heightened for companies doing business in developing markets. Where a transaction results in a dispute, an additional risk can arise where the bribe takers, or their successors, seek to use allegations of corruption in relation to the transaction against the other party…

A conference organized by three institutions, namely the Arbitration and Mediation of the American Chamber of Commerce in Brazil (Amcham Brazil), the Swedish Chamber of Commerce in Brazil (Swedcham Brazil) and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) discussed international trade and the Swedish and Brazilian experience in arbitration and mediation. The mild São Paulo autumn was a conciliating environment for Brazilian and Swedish corporate lawyers and counsel to exchange their almost…

In two, almost identical decisions rendered on 27 March 2014 (decisions 4A_362/2013 and 4A_448/2013) the Swiss Federal Supreme Court held that reliance by an arbitral tribunal on illegally obtained evidence (in casu, a video recording) does not necessarily violate procedural public policy. Both cases relate to a 2008 match-fixing scandal involving two Urkainian football clubs, FC Karpaty Lviv (“Karpaty”) and FC Metalist Kharkiv (“Metalist”). Metalist won the match 4-0. One of Karpaty’s best players scored an…