The relationship between Arbitration and European Judicial Private Law has not always been easy. The bedrock European Law principle in this field, as embedded in the European Council Regulation (EC)…
Kluwer Arbitration Blog is pleased to introduce Alexis Mourre as a guest blogger for the next month. Alexis specialises in international arbitration and international litigation with the law firm of…
In a decision dated 5 December 2008 (4A_376/2008), the Swiss Federal Court ("SFC") had the opportunity to address two legal topics in the context of international arbitration:
The first topic was the…
In two recently reported cases, parties to arbitrations have challenged arbitrator and/or institutional fees where the underlying awards have also been subject to annulment or set aside proceedings. …
In a recent decision of 22 January 2009 (4A_424/2008), the Swiss Federal Supreme Court had to consider an appeal against a decision of the Court of Arbitration for Sport (CAS). In the run-up to 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…
I. Introduction
On 9 February 2009 the Swiss Federal Tribunal (FT) quashed a Court of Arbitration for Sport (CAS) award (Case reference 4A_400/2008). Annulment of an award is a rare enough event to…
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…
Article 186 of the Swiss Private International Law Act ("PIL Act") provides as follows:
"1. The arbitral tribunal shall decide on its own jurisdiction.
1bis. It shall decide on its jurisdiction…
