The decisive underlying reasoning (motifs, Begründung) is, without doubt, an essential part of any arbitral award and as such bears the potential of frustrating parties and arbitrators alike. On the…
The situation that the Bundesgerichtshof was recently faced with in a case is not uncommon: whilst a state court still reviews an arbitral tribunal's preliminary ruling on its competence, the…
The Court of Appeals for the Second Circuit, which covers the district courts of New York, Connecticut and Vermont, was recently called to decide the effect that a vacatur of an award in the seat of…
Introduction
On 12 July 2016, a five-member arbitral tribunal (the Tribunal) constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) issued its long-awaited award…
Following up on a recent post by Daniela Palacios on 24 May 2016 titled “Emelec vs Canal Uno: How Many Bites Can the Apple Handle?”, this article explores: (i) Ecuadorian courts’ historic approach to…
Motei & Associates was instructed by the Respondent in recent legal proceedings between two parties (details for which must remain confidential) before the Dubai Courts in relation to the…
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…
In a recent ruling of the DIFC Court of Appeal (CA 007/2015 – DNB Bank ASA v. (1) Gulf Eyadah Corporation (2) Gulf Navigation Holdings PJSC, ruling of the DIFC Court of Appeal of 25 February 2016),…
Most arbitration agreements in the international realm require arbitrators to produce a “reasoned” or “fully reasoned” award. However, relatively little has been written on why such awards are…
