Arbitration Act

128 articles available

The recent Portuguese Voluntary Arbitration Law, which has been in force since 14 March 2012, (English version available here), was received with great enthusiasm amongst the legal community, which…

On 27 September 2012, the Swiss Parliament adopted a motion that had been introduced earlier this year tasking the Government to prepare a report on the Swiss Arbitration Law (chapter 12 of the…

On 6 September 2012, the Indian Supreme Court delivered its much-awaited judgment in Bharat Aluminium Co v. Kaiser Aluminium Technical Services (‘BALCO’). For the reasons discussed in detail below,…

The Supreme Court of India has finally spoken to deliver a definitive ruling on the role of Indian courts in international arbitrations seated outside India. Overruling the controversial decision of…

In the recent case of Itochu Corporation vs. Johann M.K. Blumenthal GMBH & Co KG & Anr [2012] EWCA Civ 996 (“Itochu vs. Blumenthal”), the English Court of Appeal decided obiter that – in the absence…

Ana Carolina Beneti Ricardo Dalmaso Marques (a) Introduction 1. The Brazilian Superior Court of Justice ("STJ") was called, in September 2010, to decide on a compelling matter: the possibility (or…

The revised Swiss Rules of International Arbitration ("Swiss Rules") enter into force today, 1 June 2012. While some general background has been given elsewhere (see here), the following specific…

In a judgment dated 25 April 2012 (Lombard North Central plc and another v GATX Corporation [2012] EWHC 1067 (Comm)), Judge Andrew Smith of the English High Court (Commercial Court) underlined the…

A recent decision of the English Commercial Court (Lombard North Central plc & Anor v GATX Corporation [2012] EWHC 1067 (Comm)) has provided some insight and clarification into how the English courts…