The High Court of Justice in Northern Ireland had to decide whether it could allow state court proceedings if the parties have failed to pay the advance on costs requested by the ICC. Case note on: Trunk Flooring Ltd v HSBC Asset Finance (UK) Ltd and Costa Rica SRL [2015] NIQB 23 FACTS The plaintiff purchased machinery from the 1st defendant that was manufactured by the 2nd defendant. The plaintiff was dissatisfied with the operation of the machine, so…
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…
The reform of the renewable energy industry in Spain has resulted in more than ten arbitration procedures filed by foreign or foreign-controlled investors, given the difficulty involved in obtaining investment protection from Spanish courts. Foreign control of investments is the critical element which opens the way to arbitration to protect investment. It must be decided whether the basic principles of investor protection have been observed and suitable compensation must be awarded, if appropriate, for any…
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…
While there are numerous U.S. court decisions holding that federal statute 28 U.S.C. § 1782 may be used to compel discovery in aid of investor-state arbitrations, far fewer have held that § 1782 may be used in aid of private, commercial international arbitrations. A recent decision by the U.S. District Court for the District of New Jersey, In re Owl Shipping, LLC, No. 14-5655 (D.N.J. Oct. 17, 2014), did just that. Factual Background Owl Shipping, LLC and Oriole Shipping, LLC…
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…
In a ruling of 27 November 2013, the Federal Supreme Court dealt with the question as to whether third parties can be included into arbitral proceedings (group of companies doctrine) and as to which law governs such question. A Danish claimant and an Indian respondent both produced certain equipment. The director general (DG) and the only shareholder of the claimant owned a patent of a certain design. In 1999, the … Holdings Ltd based in…