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Damages to be paid by an Arbitrator if the award is set aside due to lack of independence-impartiality
The Court of Appeal (Audiencia Provincial) of the Asturias by judgment 24 September 2020 has Ordered an arbitrator to pay damages on the grounds that
What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Three
English law, courts and arbitral tribunals may become more relevant and popular after Brexit, not less
Supreme Court Decision in Halliburton v Chubb: No universal application of arbitrator’s “gold standard” disclosure
The UK Supreme Court has released its much-anticipated decision in the Deepwater Horizon case between Halliburton v Chubb. The appeal concerns the
Fallstricke bei der Festlegung des Regelungsgegenstandes einer Einigungsstelle
Der Beschluss des BAG vom 19. November 2019 (1 ABR 2218), in dem sich das BAG (endlich) zu der Frage des Bestehens eines Mitbestimmungsrechts des
Virtual hearings: what do you need to do?
The move during 2020 to virtual hearings as a result of the pandemic has meant that parties, lawyers and arbitrators have had to quickly adapt to a
Supreme Court's new take on international arbitration clauses
Historically, the Santiago Court of Appeals has held that parties' only recourse against an international arbitral award is the set-aside procedure
Gujarat High Court’s Decision on Interim Measures and Enforcement of Foreign Arbitral Award between Two Indian Parties
A single judge bench of the Gujarat High Court in the case of GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited
International Arbitration Newsletter - November 2020 Regional Overview: Europe
A Dutch subsidiary of Abu Dhabi’s sovereign wealth fund, Masdar Solar & Wind Cooperatief, has agreed to renounce a 80 million award against Spain to
General Counsel update, November 2020
After success in many countries around the world in substantially suppressing the coronavirus by the last edition of the General Counsel Update, the
International Arbitration Newsletter - November 2020 Regional Overview: Middle East and Africa
Egypt has been held liable for failing to provide the investors, in this case the Spanish construction group Cementos La Unión (and its subsidiary
US sanctions - Who do they apply to and what steps can you take?
Under the Trump administration, the use of sanctions was a key US foreign-policy tool. Following the US presidential election on 3 November 2020, we
Polish Court of Appeal rules that the refusal to consider offsetting by an arbitration tribunal violates public policy
In a ruling that sets a precedent for future arbitrations, the Polish Court of Appeal considers that an arbitral tribunal violated Polish public
International Arbitration Newsletter - November 2020 Regional Overview: The Americas
The Colombian State Council has upheld the award issued by an arbitral tribunal of the Bogota Chamber of Commerce in a dispute between a
International Arbitration Newsletter - November 2020 Regional Overview: Asia Pacific
An ICC tribunal has issued an award upholding the claim filed by Australian pharmaceuticals company,AOP Orphan Pharmaceuticals (AOP), against its
What happens if the Respondent doesn't participate in the adjudication?
There are very few, if any, reasons why a Respondent should refuse to participate in proceedings
In-house counsel seek a Brexit-proof solution: are we entering the ‘age of arbitration’?
Given the wide-scale disruption wrought by the Covid-19 pandemic, disputes are likely to increase in the coming months. The forum in which those
A practical guide to Adjudication under the Construction Contracts Act 2013
Adjudication under the Construction Contracts Act 2013 (the Act') is a very accessible and efficient method of resolving payment disputes on
Global Vantage: Anti-Suit Injunctions: Coming to a Court near you? November 2020
Anti-suit injunctions (‘ASIs’) prevent a party that is subject to the issuing court’s jurisdiction from commencing or continuing with proceedings in
Dispute Boards: An Approach to the Efficient Resolution of Disputes in the Construction Sector
Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. During the
India introduces mandatory stay on enforcement of domestic arbitral awards to protect against fraud and corruption
On 4 November 2020 the Government of India issued the Arbitration and Conciliation (Amendment) Ordinance 2020 (the “Ordinance Amendment”) - modifying
ISDS under the Europe-Vietnam Investment Protection Agreement
On 8 June 2020, the National Assembly of Vietnam formally ratified the Europe-Vietnam Free Trade Agreement (EVFTA). As part of this treaty, Vietnam
DOJ Issues New Guidance on Its Use of Arbitration
Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a memorandum providing further guidance to
Yargıtay, Yabancılık Unsuru İçeren Tahkim Sözleşmesinin İngilizce Düzenlenmesinin 805 Sayılı Kanun’a Aykırılık Teşkil Etmediğini Belirterek Çok Önemli Bir Karara İmza Attı
Yargıtay 15. Hukuk Dairesi, 2 Ekim 2020 tarihli, 20201714 E., 20202652 K. Sayılı kararında (“Yargıtay Kararı“), tahkim yargılamasına
A GC’s Guide: ‘Virtual’ arbitration and the issues to think about
Since the advent of the Covid-19 pandemic, arbitrating parties have had to adjust to the difficulties created by the present circumstances. Parties
Court of Cassation Rendered Significant Judgment Determining an Arbitration Agreement Involving a Foreign Element is not a Violation of Law No. 805
In its Decision No. 20201714 - 20202652 dated October 2, 2020, the 15th Civil Chamber of the Court of Cassation rendered that if
Le droit applicable à la convention d’arbitrage : l’approche du droit anglais
Le 9 octobre dernier, la Cour suprême du Royaume-Uni a rendu son jugement dans l’affaire Enka c. Chubb1, une décision qui a fait grand bruit dans la
2019 caseload statistics show continued demand for arbitration by Malaysian parties
Last year, we examined the caseload statistics of various arbitral institutions with the aim of providing an empirical perspective on the
Arbitral tribunal competent to investigate jurisdiction of its own volition where respondent fails to participate (Swiss Supreme Court)
In Decision 4A_6182019, the Swiss Supreme Court dismissed an application to vacate an award based on the pleas of wrongful decision on jurisdiction
International: ICC rules update article
From 1 January 2021, the International Chamber of Commerce (ICC) will bring into force revised 2021 Rules of Arbitration ("2021 Rules"