Switzerland is a global hub for commodity traders, and therefore also a significant jurisdiction for disputes arising in the commodities sector. A recent decision of the Swiss Federal Supreme Court …
It is generally accepted that arbitral tribunals enjoy a “liberty of decision”, which I have suggested as meaning, “the freedom of the arbitral tribunal from external restraint, compulsion, or…
In December 2015, the Brazilian Judiciary faced, for the first time, the question as to whether a foreign arbitral award annulled by the Judiciary at the arbitration seat could be granted recognition…
Five years after the UK Supreme Court handed down its infamous decision in Dallah v. Pakistan, UK Supreme Court Justice Lorde Mance has shed new light on the ‘pathological’ case. To recall, the…
by Daniela Páez-Salgado, Herbert Smith Freehills (Assistant Editor for South America)
On November 2, 2015, an ICSID-appointed Committee issued its Decision on Annulment in Occidental v Ecuador …
In 2009, Georgia adopted a new Law on Arbitration (“Law on Arbitration”) based on the UNCITRAL Model Law on International Commercial Arbitration with amendments as adopted in 2006 (“Model Law”)…
In September 2015 the UNCITRAL Working Group II (Arbitration and Conciliation) continued its work on formulating legal framework on the enforcement of settlement agreements, including a convention,…
One of the main and well known advantages of arbitration is the speed of the proceedings. In order to enhance their timeliness and efficiency, the Rules of some arbitral institutions (e.g. Art. 33 of…
On June 8, 2015, Pecherskyi District Court of Kyiv (“Pecherskyi Court”) upheld an application lodged by JKX Oil & Gas plc, Poltava Gas B.V. and JV Poltava Petroleum Company (“JKX Companies”) to…
