The Supreme Court of India (“Court”) in a landmark decision titled “BCCI vs. Kochi Cricket Pvt. Ltd. (previously covered in a blog post) clarified the applicability of the Arbitration and…
In a decision dated 26 July 2018 and published on 29 August 2018, the Swiss Federal Supreme Court (the "Supreme Court") dismissed an appeal to set aside an arbitral award as it found that Swiss…
A mandatory legal provision is one that a party has no choice but to obey, whereas a directory provision is one which the party is encouraged to obey. In other words, a mandatory provision must be…
Part I
In a judgment dated 5 April 2018 (Case nº 6/2017), the Madrid High Court of Justice (“TSJM”), the competent court to hear applications to set aside an award when the seat of the arbitration is…
The Indian Parliament passed the Indian Arbitration & Conciliation (Amendment) Act, 2015 (“Amendment Act”) in a bid to refresh and reform the existing arbitration regime under the existing…
Enforcement for some may be a chimera, an overrated factor in choosing the dispute resolution methods. Yet, efforts that have been invested in enforcement of judgments within the Hague Conference on…
Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration…
After almost 20 years, the Swedish Arbitration Act (“SAA” or “Act”) may be getting a well-deserved face lift. In February 2014, the Swedish Government decided to take definitive steps to begin…
Professor Stacie Strong has noted on this blog that "[c]ritics of international arbitration often express concerns about the quality of legal reasoning in arbitration, even though conventional wisdom…
