Although a bilateral investment treaty (“BIT”) arbitration and an application made before the European Court of Human Rights (“the Court”) could, at first glance, present opposite objectives,…
The controversial role of non-disputing parties has been the object of a significant amount of literature. While third party funding was a hot topic hitherto, the so-called amicus curia, and its…
In article 35 of the Brazilian Arbitration Law ("BAA") it states that, in order to be enforced in Brazil, a foreign arbitral award (i.e., an award issued outside Brazil’s territory) must be…
That was the assessment of Constantine Partasides QC, founding partner of Three Crowns, during his keynote address to the joint ITA-IEL conference. According to Mr. Partasides, there is a developing…
and David Mamane and Hannah Boehm, Schellenberg Wittmer
With its interim judgment of 15 January 2015, the Higher Regional Court of Munich added a new chapter to the longstanding legal dispute between…
and Alex Wiker, Dickinson School of Law
On January 14, the Pilot Project for Arbitrator Intelligence—whose launch was first announced here on the Kluwer Blog—came to an official close. We could not…
The split between CIETAC headquarters in Beijing and its two former Shanghai and Shenzhen sub-commissions following the adoption of CIETAC’s 2012 Arbitration Rules has remained in the spotlight. The…
co-authored by Georg von Segesser and Mirina Grosz, Schellenberg Wittmer Ltd.
In a recent decision, the Swiss Federal Tribunal rejected an appeal to set aside a final award of the Court of…
This article is published as a result of the cooperation agreement between Kluwer Arbitration Blog and ArbitralWomen. The views expressed in this article are those of the author alone and should…
In the recent case of Pricol v. Johnson Controls (Pricol Limited v. Johnson Controls Enterprises Ltd and Ors, Arbitration Case (Civil) No.30 of 2014), the Supreme Court of India declined to intervene…