It is often observed that successful challenges to arbitration awards are rare and that this, perhaps in itself, demonstrates the English Courts’ desire to uphold the integrity of the arbitral proceedings and the awards that arise out of them. Developments in English court procedure, most recently the changes adopted in Section O of the Commercial Court guide, seek to discourage parties from pursuing appeals without proper merit.[1] Even then, where flaws appear in the arbitral…
The German Federal Court of Justice (“BGH”) recently decided that the application to set aside an arbitral award…
On 4 September 2023, the Swiss Federal Tribunal Court (“SFSC”) decided on appeals raised against three closely linked…
A. LEGISLATION AND RULES A.1 Legislation Arbitration in Italy is governed by Articles 806 to 840 of the Italian Code of Civil Procedure (ICCP). In particular, domestic and international arbitration are regulated by ICCP Articles 806 to 832, while the recognition and enforcement of foreign awards are governed by ICCP Articles 839 and 840. On 10 October 2022, Legislative Decree No. 149 of 2022 (“Decree”) was enacted by the Italian government, delegated by the Italian…
A. LEGISLATION AND RULES A.1 Legislation A new set aside ground was introduced into Hungarian arbitration law in…
A. LEGISLATION AND RULES A.1 Legislation A.1.1. The arbitration reform has come into force On 25 April 2023,…
A. LEGISLATION AND RULES A.1 Legislation There are no developments with respect to the Dutch laws on international arbitration. A.2 Institutions, rules and infrastructure The Netherlands Arbitration Institute (NAI) is the largest arbitration institute in the Netherlands. The NAI has its own arbitration rules, which can be found on its website (https://nai.nl/nai-arbitration-rules-and-explanation/). The NAI was expected to introduce new NAI Arbitration Rules in 2023. The rules are not yet in force but do contain some…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Czech Republic continues to be governed by Act…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Belarus continues to be governed by the Law on…
A. LEGISLATION AND RULES A.1 Legislation In April 2016, as a result of the reform of the judicial system, the Law on Arbitration (“New Arbitration Law”) was adopted. This law is based on the UNCITRAL Model Law and governs both international and domestic arbitration proceedings. In addition to unifying procedural rules for international and domestic arbitration proceedings, the New Arbitration Law, last amended in January 2023, implemented the following changes to the previous rules: The…