German Federal Court of Justice on the scope of an arbitration agreement
In Docket No. I ZB 45/15, the German Federal Court of Justice considered whether parties waive their right to arbitrate all disputes under an arbitration agreement by initiating state court proceeding ...
Misleading the tribunal was fraud within section 68 (TCC)
In Celtic Bioenergy Ltd v Knowles Ltd  EWHC 472 (TCC), the Technology and Construction Court (TCC) considered an application to set aside an award under section 68 of the English Arbitration Act ...
Arbitration news round-up to 22 March 2017
Developments that may be of interest to arbitration practitioners for the week to 22 March 2017.
NAFTA: decisions of national courts could amount to expropriation or unfair treatment even where no denial of justice
In Eli Lilly and Co v Government of Canada (Case No. UNCT/14/2), a NAFTA tribunal considered claims for breaches of NAFTA Articles 1105 (fair and equitable treatment (FET)) and 1110 (expropriation).
Swiss Supreme Court denies excessive formalism and rules on applicability of legal aid regime in setting aside proceedings
In decision 4A_690/2016, the Swiss Supreme Court considered whether a Court of Arbitration for Sport (CAS) tribunal was overly formalistic in rejecting the admissibility of an appeal to the CAS becaus ...
DIFC Court of Appeal rules on inter-relationship between Articles 7, 12 and 13 of DIFC Arbitration Law
In Peter Matthew James Gray v Gibson Dunn and Crutcher LLP  CA 012, the Dubai International Financial Centre (DIFC) Court of Appeal considered whether an employer can enforce an arbitration agre ...
Swiss Supreme Court considers application to set aside decision of the Swiss Chambers' Arbitration Institution
In decision 4A_546/2016, the Swiss Supreme Court considered an application to set aside a decision of the Swiss Chambers' Arbitration Institution (SCAI) by which SCAI had appointed a sole arbitrator a ...
Supreme Court of India rejects Indian Courts' jurisdiction to set aside foreign awards
In IMAX Corp v M/S E-City Entertainment (I) Pvt Ltd (Civil Appeal No. 3885 of 2017), the Supreme Court of India considered whether the Indian Courts had jurisdiction to hear an application to set asid ...
Arbitration blogs: staying competition claims and LMAA Terms 2017
Two new posts have been published on the Practical Law Arbitration blog. PJ Kirby QC at Hardwicke considers staying tortious competition claims in light of the English High Court's decision in Microso ...
Paris Court of Appeal consider setting aside UNCITRAL award on public policy grounds
In Cour d'appel de Paris, 21 February 2017, No. 15/01650, the Paris Court of Appeal considered whether to set aside an UNCITRAL award on the basis that its recognition or enforcement would be contrary ...
Mixed messages to investors as India quietly terminates bilateral investment treaties with 58 countries
The Government of India has sent notices to terminate bilateral investment treaties (BIT) with 58 countries, including 22 EU countries.
Brazilian Superior Court of Justice confirms Judiciary Branch has authority to analyse specific performance applications based on contracts containing arbitration clauses
In Posto Guaramirim Ltda v Trans DF Transportes Ltda, Appeal 1.532.793, the Brazilian Superior Court of Justice (STJ) considered whether courts have jurisdiction to hear applications for specific perf ...
Swiss Supreme Court confirms restrictive approach to "surprise" decisions by arbitral tribunals
In decision 4A_716/2016, the Swiss Supreme Court considered an application to set aside a Court of Arbitration for Sport (CAS) award due to an alleged "surprise" application of the law by the CAS Pane ...
Third-party funding of international arbitration now permitted in Singapore
The Civil Law (Amendment) Act 2017 entered into force in Singapore on 1 March, permitting third party funding of international arbitration.
Arbitration news round-up to 15 March 2017
Developments that may be of interest to arbitration practitioners for the week to 15 March 2017.
SIAC annual report 2016 reveals record breaking year
The Singapore International Arbitration Centre (SIAC) has published its annual report for 2016.
Annulment: tribunal failed to take into account national law price cap when assessing damages (ICSID)
In Venezuela Holdings BV and others v Bolivarian Republic of Venezuela (ICSID Case No ARB/07/27), an ad hoc committee considered an application for annulment under Article 52 of the ICSID Arbitration ...
Czech Republic defeats UK investors in SCC and UNCITRAL proceedings
In Anglia Auto Accessories Ltd v The Czech Republic (SCC Case No. V 2014/181); IP Busta and another v The Czech Republic (SCC Case No. V 2015/014); and WNC Factoring Ltd (United Kingdom) v The Czech R ...
English High Court on ICC arbitrator's unilateral contact with parties and confidentiality of award (TCC)
In Symbion Power LLC v Venco Imtiaz Construction Co  EWHC 348 (TCC), the Technology and Construction Court (TCC) considered an application under section 68 of the English Arbitration Act 1996.
Arbitration blogs: IPCO (Nigeria) v NCCP and the WTO's trade facilitation agreement
Two new posts have been published on the Practical Law Arbitration blog. Duncan Bagshaw at Stephenson Harwood examines the English Supreme Court's clarification of the availability of security in New ...
Introduction of Business and Property Courts of England and Wales from June 2017
The judiciary has announced that from June 2017, the specialist civil courts are to be known as the Business and Property Courts of England and Wales.
'Bare' arbitration clauses and extent to which Singapore court may assist
In KVC Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and another suit  SGHC 32 (KVC Action), the Singapore High Court considered the extent to which the Singapore courts and the Singa ...
ICSID tribunal dismisses all claims against China for being manifestly without legal merit
In Ansung Housing Co Ltd v People's Republic of China (ICSID Case No. ARB/14/25), an ICSID tribunal considered whether to grant China's application under Rule 41(5) of the ICSID Arbitration Rules to h ...
ICSID and ICDR conclude cooperation agreement
ICSID and the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (AAA) have entered into a cooperation agreement.
UNCITRAL tribunal refuses to stay arbitration pending application to set aside interim award
In Aaron C Berkowitz and others v Republic of Costa Rica (UNCT/13/2), an UNCITRAL tribunal constituted under Chapter 10 of the Dominican Republic-Central America-United States Free Trade Agreement (DR ...
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