We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 16th edition looks at key developments in arbitration from the last year in over 45 jurisdictions, including: New arbitral rules from major institutions including the AAA, CAM-CCBC, CEPANI, DIAC and the SCC The ongoing reform of arbitration legislation to reflect international best practice, with recent developments in Italy, Japan, Luxembourg, the United Kingdom and Vietnam…
In a decision published on the 19th July 2022, the Swiss Federal Supreme Court (“SFSC”) denied the enforceability…
On 18 February 2022, the French-speaking Brussels Court of First Instance set aside an award (“Award”) issued by…
In Western Pharmacy (“Claimant”) v. Park Medical et al. (“Respondents”), the Tribunal issued the final award on 28 March 2022 in Claimant’s favour. The Tribunal held that Respondents – the sellers of a chain of pharmacies – committed a negligent misrepresentation towards the Claimant – the purchaser. The Tribunal calculated the damages using the same EBITDA multiple that Claimant used to calculate the purchase price for the pharmacies. The dispute was governed by California law.…
The Superior Court of Justice (“STJ”), which is the highest court in Brazil for non-constitutional matters, has recently…
After the invasion of Crimea and Donbas in 2014, several countries imposed economic sanctions on the Russian Federation…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 15th edition looks at key developments in arbitration from the last year in 46 jurisdictions, including: New arbitral rules from major institutions such as including ACICA, AFSA, AIAC, ICSID, JAMS, JCAA, SWISS, and UNCITRAL.The increasing use of artificial intelligence and technology in arbitration, such as electronic filing and case management platforms, as well as virtual/hybrid…
Introduction It is this time of the year again: most major arbitration institutions have published[1] their statistical reports,…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available.…
1. A case for challenge Nothing is more important in arbitration than the impartiality and independence of arbitrators.[i] Parties hand over their fundamental right to have their dispute heard to one or more individuals in the hope that they will get it right. Arbitrators enjoy extensive power to decide on the merits and, apart from some limited circumstances, nothing can be done if they get it wrong.[ii] Faith in the fact that these individuals will…