The relationship between arbitration and the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention”) is not a clear one, and the question of when an…
In its decision of 11 June 2020, an ICSID Annulment Committee annulled an award in Eiser and Energia Solar Luxembourg v. Spain, ICSID Case No. ARB/13/36. It did so on the grounds that the arbitrator…
We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:
ARTICLES
Felix DASSER, ASA – Swiss Home of Arbitration
In his…
The COVID-19 pandemic has exerted an unprecedented impact on individuals, entities, businesses, and states. National court systems and alternative dispute resolution regimes have also been severely…
Offshore courts in the UAE have long been used as conduit jurisdictions, particularly by international parties seeking to enforce foreign arbitral awards. The Abu Dhabi Global Markets (“ADGM”) and…
Chile confirmed its first case of COVID-19 on March 3, 2020. Since then, Chilean institutions have designed several solutions to adjust their operation during the sanitary crisis. This brief…
The Supreme Court of India (“Supreme Court”) recently ruled on the arbitrability of fraud in the case of Avitel Post Studioz Ltd. v. HSBC PI Holdings [2020] (“Avitel”). The judgement lays down the…
The draft bill for the revision of the 12th Chapter of the Swiss Private International Law ("PILA") was recently approved by the Swiss legislator (as analyzed previously on this blog). Besides…
In a recent decision, New York State’s highest court (the New York Court of Appeals) rejected an argument that a tribunal exceeded its authority, as to warrant vacatur, when it reconsidered and…
The arbitration laws of many established arbitral jurisdictions, for instance, the English Arbitration Act 1996, German Code of Civil Procedure, the Swedish Arbitration Act 2019 (see post on the…