It is not unnoticed that good faith gained relevance in investment treaty arbitration. There is an increasing number of decisions where good faith was relied on by tribunals on the basis of Article…
Mass arbitration has become extraordinarily expensive and highly volatile. The practice originated during a low tide for conventional class action certification and a high tide for judicial…
Against the backdrop of the ongoing war in Ukraine, numerous commercial disputes have arisen. In a (further) significant ruling dated 1 June 2023, the Higher Regional Court Berlin (Kammergericht or…
On 4 July 2024, Russia’s Arbitrazh Court of the North-Western Region (cassation) confirmed the earlier decision of the Arbitrazh Court of Saint Petersburg (first instance) to grant an anti-suit…
There is no dull moment in the intra-EU realm. Pandora’s box has long been opened by the Court of Justice of the European Union ("CJEU") with its Achmea decision leading to numerous ongoing…
The third update of materials for the 2024 Yearbook Commercial Arbitration is available on the KluwerArbitration database, with 29 court decisions from 13 countries. Here are some of the highlights.…
From 1st to 3rd September 2024, the Brazilian Arbitration Committee—CBAr held its 23rd International Arbitration Conference (“23rd CBAr IAC” or “Conference”) in Brasília, Brazil’s federal capital.…
The 23rd CBAr IAC was a resounding success. The second day of the Conference included a first Panel on the Circulation of Contractual Models and Infrastructure Arbitrations, a second Panel on…
Continuing the central theme of the CBAr 23rd International Arbitration Conference, focused on discussing “Arbitration and Infrastructure,” the two panels held on September 3rd, 2024 were focused on…
Arbitration and insolvency embody, to some extent, countervailing legal policies. Courts in many jurisdictions have grappled with the extent to which claims involving an insolvent company should be…
