Sandra De Vito Bieri with Anton Vucurovic
The views expressed are those of the authors alone and should not be regarded as representative of or binding upon the authors' law firm or the…
By Justin D'Agostino, Jessica Booth and Tracy Wu, Herbert Smith Freehills
Ever since the internal fight between CIETAC (Beijing) and its Shanghai and Shenzhen sub-commissions became public in May…
By Karl Pörnbacher and Lars Pütz, Hogan Lovells LLP
An arbitral tribunal's preliminary ruling on its jurisdiction can be challenged by application for state court decision according to Sec. 1040 (3)…
As reported earlier, the US Supreme Court has recently adjudicated on the issue of the standard of review in relation to arbitration agreements in international investment arbitration.
It is a fact…
Facts
The applicant, Darie Engineering (Darie), and the first respondent, Alstom Transport SA (Alstom), had a business relationship spanning over 20 years in which Darie acted as Alstom’s…
Introduction
In BG Group v. Republic Argentina, a divided U.S. Supreme Court (“the Court”) continued to hold that arbitrators are the proper decision makers in gateway questions of arbitrability, not…
On 28 February 2014, the Regional Court of Munich rendered a decision in the matter opposing German speed skater Claudia Pechstein to the ISU (Judgment of the Regional Court of Munich I, Case Number…
Defective arbitration clauses are certainly uncommon, but do appear on a recurring basis in domestic and international arbitration practice. Many practitioners can go their entire professional lives…
Arbitration proceedings sometimes spawn a host of parallel court proceedings. It is not unheard for parties to seek to instrumentalise courts, sometimes with the complicity of the courts themselves,…
