Insolvency and arbitration: Swiss Supreme Court revisits its Vivendi vs....
Nathalie Voser and Anya George Few Swiss cases have sparked as much debate in the arbitration community as the Swiss Supreme Court’s 2009 decision in Vivendi vs. Elektrim. In that decision, the Supreme...
View ArticleMauritian Supreme Court Robustly Rejects Challenge to Arbitrator Jurisdiction
In a recent decision, the Mauritian Supreme Court has roundly rejected a challenge to an arbitrator’s jurisdiction brought under section 20 of the Mauritian International Arbitration Act 2008, and in...
View ArticleExtending Arbitration Clauses after the Decisions of the English Supreme...
and Benjamin Ainsley Gill When seeking to extend an arbitration clause to a third party who is not a signatory to the clause, common law practitioners will often have resort to an argument that the...
View ArticleKompetenz-Kompetenz in Brazil: alive and kicking
The Brazilian Superior Court of Justice (“STJ”) has issued, on 19 June 2013, a landmark decision addressing the principle of Kompetenz-Kompetenz (Resp. no. 1,278,852-MG Samarco Mineração S/A v Jerson...
View ArticleThe invocation of “denial of benefits clauses”: when and how?
By Carmen Núñez-Lagos and Javier García Olmedo In an award rendered on 31 January 2014, an arbitral tribunal constituted under the UNCITRAL Rules declined jurisdiction over the claims brought by one of...
View ArticleDamages as a Sanction for Commencing Court Proceedings in Breach of an...
Arbitration proceedings sometimes spawn a host of parallel court proceedings. It is not unheard for parties to seek to instrumentalise courts, sometimes with the complicity of the courts themselves,...
View ArticleCase Note – Guaracachi America Inc & Rurelec Plc vs Bolivia: Multiple bites...
An arbitral award (PCA Case No. 2011-17, 31 January 2014) arising out of the nationalisation of an electricity generation business in Bolivia has provided useful guidance on: (1) the ability of...
View ArticleSingapore Court Reviews Investment Arbitral Tribunal’s Decision On...
and Paul Tan, Jawad Ahmad and Victor Steinmetz, Rajah & Tann Singapore LLP In what marks the first time where a Singapore court reviews an investment arbitral tribunal’s jurisdiction, the High...
View ArticleAstro v Lippo in Hong Kong: Award Enforced Despite Singapore Court of...
It is well known that the Singapore Court of Appeal refused enforcement of Awards in favour of Astro in 2013 (discussed here), on the grounds that the tribunal lacked jurisdiction over the claimants....
View ArticleAmendments to the Brazilian Arbitration Law: Supplementary Arbitral Awards...
On 27 July 2015 the Bill amending to the Brazilian Arbitration Law will come into force, introducing significant changes in the arbitration legal framework, which, according to the stated purpose of...
View ArticleAddressing the Problem of the ‘Unknown’ Claimant in Investor-State Arbitration
As Mariel Dimsey has observed, a key challenge posed by investment treaties is that – at the point of ratification – they expose States to arbitrations of ‘as-yet-unknown scope and against...
View ArticleICSID Tribunal dismisses investment treaty claims against Oman (Part I): The...
Gordon BlankeBy a Final Award dated 27 October 2015 (see ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman), an international tribunal constituted under the International...
View ArticleFirst aid in arbitration: Emergency Arbitrators to the rescue
Justin D'AgostinoHerbert Smith Freehills For Herbert Smith FreehillsIn an emergency, swift and effective action is required. Yet in international arbitration proceedings, it can take weeks or months to...
View ArticleRecent Swedish Ruling on Arbitrability
Ola NilssonWhite & Case LLP For White & CaseOn 7 October 2011 the Svea Court of Appeal ruled on whether an arbitral award should be declared invalid or annulled because the dispute – as alleged...
View ArticleThe Unavoidability of Uncertainty: One Lesson from the Recent U.S. Court...
Jean E. KalickiIndependent ArbitratorIt has become fashionable in recent years, each time an ICSID annulment decision is released that takes issue with the procedures or reasoning of an ICSID tribunal,...
View ArticleA primer on pathological arbitration clauses in Swiss law
Matthias SchererLaliveBy Matthias Scherer and Sam Moss In a recent decision issued on 7 November 2011 on a request for annulment of a partial award on jurisdiction rendered by the Court of Arbitration...
View ArticleSingapore’s International Arbitration Act 2012 vs Hong Kong’s Arbitration...
Darius ChanNorton Rose Fulbright For YSIACFollowing a previous round of amendments in 2009 that came into effect on 1 January 2010, the Singapore Ministry of Law published further proposed amendments...
View ArticleInvestment arbitration under intra-EU BITs: Recent developments in Eureko v....
Stephan BalthasarLinklatersInvestment arbitration under intra-EU investment treaties has been a controversial topic for years. The European Commission has repeatedly expressed the view that arbitration...
View ArticleBrazilian Court Clarifies Jurisdiction for Interim Measures
Felipe SperandioClyde & Co. LLP For Clyde & Co.A recent decision of the Brazilian Superior Court of Justice (“STJ”) has ruled, for the first time, on the issue of the concurrent jurisdiction of...
View ArticleInsolvency and arbitration: Swiss Supreme Court revisits its Vivendi vs....
Nathalie VoserSchellenberg Wittmer For Schellenberg WittmerNathalie Voser and Anya George Few Swiss cases have sparked as much debate in the arbitration community as the Swiss Supreme Court’s 2009...
View Article