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…
The High Court of Justice in Northern Ireland had to decide whether it could allow state court proceedings if the parties have…
The English High Court case of Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics [2015] EWHC…
One of the central objectives of civil procedural law is to provide a mechanism for the final and conclusive resolution of disputes. In accordance with the res judicata principle, matters which have been judged on the merits are, therefore, deemed binding on the parties, and may no longer be re-litigated nor decided differently in subsequent proceedings. Although this principle is very widely recognised, the effects of judgments, and the criteria for determining the identity of…
The reform of the renewable energy industry in Spain has resulted in more than ten arbitration procedures filed…
What are the differences between the most popular international arbitration rules. You find an updated version of our…
In its decision of 24 July 2014, the German Federal Court of Justice discussed whether the arbitration agreement and the arbitration rules must be notarized if the main contract which contains the arbitration agreement is to be notarized (e.g. a share purchase agreement or a property purchase agreement). The Higher Regional Court of Munich unsettled arbitration practitioners and contract lawyers in Germany because the Court stated in an obiter dictum that an arbitration agreement might…
While there are numerous U.S. court decisions holding that federal statute 28 U.S.C. § 1782 may be used to compel…
Abstract: In 2012, Brazilian and English courts examined the validity of an arbitration agreement executed in Brazil. The…
The background Turkey’s International Arbitration Law requires that an agreement to arbitrate disputes be clear and definite. An agreement which contains both a jurisdiction clause submitting disputes to a court and an arbitration clause, both dealing with the same subject matter, creates uncertainty. Two different divisions of the Court of Appeal have issued two apparently contradictory decisions on this issue. The decisions do, however, shed some light on how this type of clause is to…