The applicability of the European Convention on Human Rights (“ECHR”) to arbitral proceedings is a complex issue. The recent decision of the European Court for Human Rights (“ECtHR”) in the so-called…
Comments on the Decision of the Paris Court of Appeal Dated 27 March 2018
Neither the author nor Schellenberg Wittmer was personally involved in any of the cases mentioned in this blog, and all…
In a decision dated 16 March 2016 (4A_628/2015), the Swiss Supreme Court decided the long-open question of the consequence of a failure to comply with a mandatory pre-tier to arbitration, finding…
On 1 March 2016, the European Court of Human Rights ("ECtHR" or the "Court") rendered a decision in the case of Tabbane v. Switzerland (application no. 41069/12). In that decision, which was…
and David Mamane and Hannah Boehm, Schellenberg Wittmer
With its interim judgment of 15 January 2015, the Higher Regional Court of Munich added a new chapter to the longstanding legal dispute between…
Has the number of bad faith challenges against arbitral awards increased? Is there a need to better control parties and their counsel, and to sanction them should they not play by the rules?
The…
This post suggests revisiting the issue of whether bankruptcy of a foreign company party to arbitration proceedings pending in Switzerland can prevent the arbitration from moving forward and…
by James Menz and Anya George, Schellenberg Wittmer
The (proper) use of administrative secretaries is a recurring topic in the arbitration community. The debate has flared up again in recent months,…
Co-authored by Christopher Boog and Benjamin Moss, Schellenberg Wittmer
An arbitral tribunal's duty to render an enforceable award is frequently used by commentators and counsel alike in support of…
