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“Our examination of the entire record in this case shows a direct, personal, professional, social, and business relationship between arbitrator F*** (hereinafter “Mr. F”) and [attorney] J*** (hereinafter “Mr. J”).” The last page of the Dallas ...
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The doctrine of sovereign immunity originates from international law. It is based on the principle that States would be severely hindered if it would be possible for them to be sued in the courts of other States. However, the application of this doctrine ...
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In a judgment dated 6 October 2010, Bakker vs. Union Cycliste Internationale, the Federal Swiss Supreme Court (“Supreme Court”) refused to grant the revision of two arbitral awards rendered by the Court of Arbitration for Sport (“CAS”) involving a...
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Another round in the dispute between West Tankers Inc (“West Tankers”) and Erg Petroli SpA ("Erg") was concluded on 6 April 2011 with the decision of the commercial court of England and Wales, West Tankers Inc v Allianz Spa & Anor [2011] EWHC 829 ...
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UNCTAD, the United Nations Conference on Trade and Development, published its annual review of investor-State dispute settlement (ISDS) cases last week.UNCTAD was established in 1964 to "maximize the trade, investment and development opportunities of deve...
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As reported in our Blog on 26 November 2010, the UK Supreme Court in its decision of 3 November 2010, applying French law, had denied enforcement of an ICC arbitral award rendered in favor of Dallah Real Estate and Tourism Holding Company (“Dallah”) a...
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Liechtensteiner arbitration law can be traced back to the year 1895, the year the Austrian arbitration law under which Liechtenstein has been operating since 1912 was first promulgated. Since 1912, Liechtenstein’s arbitration law was modified exactl...
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On 10 November 2010, the Swiss Federal Supreme Court (“Swiss Supreme Court”) declared in a judgment that the operative part of an arbitral award obliging the parties to pay the arbitrators´ fees does not constitute an actual award but is merely a non...
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Russian law, just like virtually all modern arbitration statutes, stipulates that arbitrators have to disclose any circumstances that may give rise to justifiable doubts as to their impartiality. Failure to do so can constitute grounds for setting aside a...
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On 9 February 2011, the Centre for Amicable Dispute Resolution of the University of Warsaw, together with the Young Arbitration Practitioners in Poland (YAPP) hosted a conference on the all-time hot topic of confidentiality in international arbitration. T...
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The Czech Republic is the third largest electricity exporter in the European Union and has one of the lowest energy import dependencies. Traditionally electricity is produced from coal, with the second largest source of energy being nuclear power.When p...
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The privacy of proceedings is often cited as one of the major assets of international commercial arbitration when compared to state court litigation. The basic concept of privacy provides that third parties are not permitted to participate in the arbitral...
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Česká republika je třetím největším vývozcem elektrické energie v rámci Evropské unie a je na jejím dovozu závislá pouze v zanedbatelné míře. Tradičně trhu s elektrickou energií v České republice vládl uhelný sektor, následov...
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On 15 December 2010, the ICSID tribunal in Murphy Exploration and Production Company International v Republic of Ecuador (ICSID Case No. ARB/08/4 - award on jurisdiction) decided that it does not have jurisdiction to hear the dispute as the Claimant had n...
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Party autonomy is a leading principle in international commercial arbitration. The flexibility and relatively wide discretion of the parties to agree on the applicable law, the place of arbitration and the structure of the proceedings is one of the advant...
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Over the last years, we have seen a rising popularity of a dispute resolution mechanism that is generally referred to as adjudication. Adjudication is a process where a third person, the adjudicator, renders a decision on a contractual dispute which is, a...
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On 20 July 2010 Russia’s highest commercial court, the Supreme Arbitrazh Court, set aside an MKAS award in favor of the Moscow real estate corporation Sector-1 in a dispute with the Cyprus-based Open Society Institute Management Services. In its decisi...
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On 1 July 2006, the new Austrian Arbitration Act came into force and adapted the legal framework for arbitration proceedings in Austria to the standard of the UNCITRAL Model Law on International Commercial Arbitration. Following the call of modernization,...
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As a place of arbitration, Austria has been playing a special role in disputes involving parties from Central and Eastern European (CEE) countries for a long time. Austrian businesses have a disproportionately high rate of investment in Eastern Europe res...
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There are a number of theories on how the binding effect of an arbitration agreement can extend to non-signatories. The most commonly accepted are cases of assignment or succession. More disputed theories include legal concepts such as alter ego or the gr...
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