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…
Allegations of fraud and forgery of a sales agreement are for an arbitral tribunal to decide and a party should not ignore a notice of arbitration. This is according to a federal judge who enforced…
President Trump’s October 1, 2018 announcement that the United States, Canada, and Mexico have reached an agreement to replace the 1994 North American Free Trade Agreement (NAFTA) marks a veritable…
Kluwer Law International and the Singapore International Arbitration Centre (SIAC) are pleased to announce their new partnership in publishing the latest edition of the Asian International…
Background on CIETAC Split
Up until May 1, 2012 CIETAC had a branch in Shanghai named CIETAC Shanghai Sub-commission (the "Old Sub-commission"). This Old Sub-commission used the same CIETAC…
“In every negotiation the most important work is done by those in the shadows.” Ian Wishart, as quoted by Bill Marsh in “Personal Connections.”
August and September offered a particularly varied and…
Over the last few years, third-party ownership of soccer players ("TPO") has become controversial. TPO is a mechanism through which a soccer club assigns a player's economic rights, including the…
A key issue that has assumed importance in BIT arbitrations today is the role of state courts vis-à-vis investment tribunals. Two aspects of this issue become particularly relevant when courts are…
In June 2018, China launched its first and second International Commercial Courts (the “CICC”). The advent of them represents a prolonged attempt of China to upgrade its judicial system by…
In a recent decision, Turkey’s Court of Cassation refused to enforce an arbitration clause in an English language contract between a Turkish party and a foreign party based on Turkey’s national…
