A. LEGISLATION AND RULES A.1 Legislation The regulations governing arbitration proceedings in Italy are found in the Italian Code of Civil Procedure (ICCP). Specifically, domestic and international arbitration are regulated by ICCP articles 806 to 832, while the recognition and enforcement of foreign awards are regulated in ICCP articles 839 and 840. On 28 February 2023, the “Cartabia Reform” (“Reform”), enacted by the Italian Legislative Decree No. 149 of 2022 (“Decree”), entered into force, introducing…
Russia’s annexation of Crimea, the occupation of the Donbas region, the full-scale invasion of Ukraine and the subsequent…
In French civil procedure, the Conseiller de la Mise en État (CME) is a magistrate of the Court…
Introduction The UK Supreme Court has now provided its reasons for an earlier decision to uphold a decision by the English Court of Appeal (“CoA”) in UniCredit Bank GmbH v RusChemAlliance [2024] EWCA Civ 64, in which the CoA granted an anti-suit injunction (“ASI”) against RusChemAlliance LLC (“RCA“), a Russian entity in which Gazprom has a direct interest, despite the foreign seat of the arbitration (in Paris). The CoA had overturned the decision of the…
Another piece of troubling news for arbitration in Russia-related matters came to light. The Russian Supreme Court ruled…
On 11 April 2024, Baker McKenzie launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The…
In a decision of April 3, 2024, the Swiss Federal Supreme Court (“SFSC”) dismissed an application by Spain for an annulment of an arbitral award issued by an ad hoc-arbitral tribunal seated in Geneva. The arbitral tribunal had held that Spain had failed to accord fair and equitable treatment to a French company which had acquired and developed, through Spanish subsidiaries, twelve photovoltaic installations in Spain, and had awarded to the French investor EUR 29…
Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you…
In a recent decision published on 11 January 2023, the Swiss Federal Supreme Court (“SFSC”) confirmed the International…
In Therium Litigation Funding A IC v Bugsby Property LLC[1] the English Commercial Court had its first opportunity to consider the enforceability of Litigation Funding Agreements (“LFAs”) following the decision of the Supreme Court in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others[2] (“PACCAR “). In PACCAR, the Supreme Court held that where litigation funders are to be remunerated by reference to a share of damages obtained by…