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 a recent enforcement action of a foreign arbitral award rendered under the ICC Rules in London, England, the Dubai Court of Appeal questioned the United Kingdom’s proper membership of the 1958 New…
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…
A July 2015 decision of the Superior Court of Justice of Madrid (Tribunal Superior de Justicia), the competent court to decide on the setting aside of an award when the seat of the arbitration is…
by Sonja Heppner, Trinity College Dublin, School of Law
The text of the proposed Trans-Pacific Partnership (‘TPP’) as agreed upon between the United States and Australia, Brunei, Canada, Chile,…
A ruling of the Austrian Supreme Court, the Oberste Gerichtshof in Vienna, Austria, of earlier this year (see ruling of 18 February 2015, 2 Ob 22/14w) raises anew the much debated question of the…
In 1996, when the Brazilian Arbitration Act ("BAA") came into force, the New York Convention (“NYC”) was still facing considerable resistance from the Brazilian Executive and Legislative branches. At…
By Order of 11 May 2015 (unpublished) in Case No. ARB 005/2014 – A v. B, Justice Sir David Steel of the Dubai International Financial Centre (DIFC) Court of First Instance dismissed an application…
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Taiwan is not a…
