Arbitrability of Competition Law Issues Reinforced
A number of decisions of various national courts have dealt with the issue whether a competition law dispute may be referred to arbitration. Although the case law tends to favour a positive answer, it...
View ArticleUncertainty Continues to Loom Over BG Group v. Argentina After Supreme Court...
DLA Piper, for DLA Piper It has been over two years since the DC Circuit Court of Appeals (“Circuit Court”) vacated an award in a bilateral investment treaty arbitration (BG Group PLC v. Republic of...
View ArticleProcedural Issues Resulting From a Fraud Claim in International Commercial...
Herbert Smith Freehills LLP, for Herbert Smith Freehills Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that...
View ArticleThe Back and Forth of the Arbitrability of Fraud in India
ICC International Court of Arbitration and Niyati Gandhi, National Law School of India University in Bangalore The issues arising out of allegations of fraud in international commercial arbitration can...
View ArticleClass Arbitrations in Brazil?
Souto, Correa, Cesa, Lummertz & Amaral Advogados Brazil has well-developed systems both in arbitration and class actions and yet the use of arbitration as a class-litigation dispute resolution has...
View ArticleArbitration under the Mexican Energy Reform: The Lessons of COMMISA v. PEMEX
Wöss & Partners SC 1. Background Modern arbitration in Mexico commenced with the reforms to the Mexican Commercial Code in 1989 and with the incorporation in such code of the UNCITRAL Model Law on...
View ArticleThe New Slovak Arbitration Act Applicable From January 2015: Has It...
Paneuropean University The new Slovak Arbitration Act (“SAA”) was adopted by the Parliament (Act. No. 336/2014 Coll.), and is in force as of January 1, 2015. In order to see whether the SAA will...
View ArticleEngland and Wales: Arbitrability of Claims which Involve Alleged Criminal...
Church Court Chambers The recent Court of Appeal of England and Wales (“the Court”) judgment in the case of The London Steamship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain and The...
View ArticleIs an arbitration agreement “null, void” or “inoperative” if it applies a...
Allen & Overy LLP, for YIAG Accentuate Ltd v. ASIGRA Inc. [2009] EWHC 2655; Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch) In 2009, a senior...
View ArticleArbitrability of Corporate and Public Procurement Disputes in Ukraine
Arzinger Introduction The question of arbitrability of corporate and public procurement disputes is a topic constantly evolving due to new cutting-edge precedents. Ukraine does not constitute an...
View ArticleRussian Arbitration Reform: A Leap into the Unknown?
Arbitration Court at the Russian Union of Industrialists and Entrepreneurs In 2013 the President of the Russian Federation Vladimir Putin announced in his annual message to the Council of the...
View ArticleThe Reform of the Russian Arbitration Law: The Arbitrability of Corporate...
Karimullin Law Firm Under sec 1 of the RF Law on International Commercial Arbitration 5338-1 of 07.07.1993, disputes arising from civil, including corporate, relationships may be referred to...
View ArticleThe Peculiar Case of Arbitration in Bosnia and Herzegovina
Association ARBITRI The Report of the International Finance Corporation [IFC] “Investing Across Borders” for the year 2010 outlined that a stable, predictable arbitration regime, as a part of broader...
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