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 …
Following up on a recent post by Daniela Palacios on 24 May 2016 titled “Emelec vs Canal Uno: How Many Bites Can the Apple Handle?”, this article explores: (i) Ecuadorian courts’ historic approach to…
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…
A few months ago a piece was published on the Kluwer blog on s. 69 of the English Arbitration Act, a provision which gives a party to an English-seated arbitration a limited right of appeal on a…
In a decision dated 16 March 2016 (4A_628/2015), the Swiss Supreme Court decided the long-open question of the consequence of a failure to comply with a mandatory pre-tier to arbitration, finding…
In a highly anticipated judgment which was handed down on 20 April 2016, The Hague District Court (the “Court”) set aside the $50 billion Yukos awards rendered against the Russian Federation in…
Preliminary determinations provide a potential mechanism to streamline proceedings, but should be used with caution. This article examines the increased attention given to preliminary…
A recent order of an ICSID tribunal in the US$1.4 billion dispute regarding Argentina’s nationalisation of two airlines brings to the focus the ways and means of States to conduct the arbitration…
A tribunal in an investor-state arbitration under the SCC rules issued an award on 21 January 2016, in Charanne B.V, & Construction Investments S.A.R.L vs The Kingdom of Spain, the first of a series…
