Commercial Arbitration

In Switzerland, the Federal Supreme Court has recently, and for the first time, had the opportunity to hear and reject the challenge of an award rendered pursuant to the Expedited Procedure (Article…

What could be more basic? Arbitrations begin with each side naming an arbitrator. References are occasionally made to "the fundamental right" to name one's arbitrator. But there is no such right. …

George Bermann, the ALI Reporter for the Restatement (Third) on the U.S. Law of International Commercial Arbitration, presented a wonderful summary of the current progress on the Restatement at the…

American Bar Association's International Law Section Criticizes the ABA Dispute Resolution Section's Subcommittee Draft on Arbitrator Disclosure Guidelines It has been interesting to watch the strong…

"...so many construction disputes are now heading towards arbitration" remarks the calling notice for the next Society of Construction Law-Gulf event in Dubai in April. Around the world, the…

A recent decision of the English High Court (F Ltd v M Ltd [2009] EWHC 275 (TCC)) confirms that the Court may intervene and allow successful challenge of an arbitral award in order to protect parties…

Banks and financial institutions traditionally have favoured litigation over arbitration as the means of resolving international disputes. The reasons often given include: (i) financial disputes…

In November 2008 in the City of London v. Sancheti, the English Court of Appeal overturned the decision in Roussel-Uclaf v. G.D. Searle, where the English High Court had held that a subsidiary…

The U.S. Supreme Court’s recent decision in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S. Ct. 1369 (2008) has provoked substantial commentary – as with many Supreme Court…