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In a decision published on the 19th July 2022, the Swiss Federal Supreme Court (“SFSC”) denied the enforceability of an arbitral award that ordered the two claimants to pay the respondent a party compensation, but did not provide for a joint and several liability of the two debtors (case no. 5A_335/2021[1]). The SFSC clarified that it is not the duty of the enforcement court to interpret the award submitted as an enforcement title. Rather, it…

The Superior Court of Justice (“STJ”), which is the highest court in Brazil for non-constitutional matters, has recently decided that a party under bankruptcy cannot submit a dispute under a contract subject to arbitration clause directly to the judicial courts, so that the issue on whether the bankruptcy adversely affects the validity and enforceability of the arbitration clause shall be first resolved in arbitration. Special Appeal 1.959.435, which was judged on August 30, 2022, analyzed…

Introduction It is this time of the year again: most major arbitration institutions have published[1] their statistical reports, giving us the opportunity to take a closer look at their numbers. As usual[2], we start off comparing the caseload of various arbitration institutions. We then examine other relevant data such as the total amount in dispute, the number of emergency or expedited procedure applications, arbitrator challenges, and figures on diversity to understand the direction arbitration is…

While it hasn’t been a record year for most arbitral institutions, the demand for arbitration is still very strong. As in the previous years, we have compiled the numbers published by the arbitral institutions to date. Recently, the ICC made its 2018 statistics report available for download. We had a look at these numbers and updated this blog post. We will update this blog post again when further statistics become available (1). We also compare…