The Contents of the ASA Bulletin, Volume 43, Issue 2 (June 2025)

In his message, Welcome to the Age of Chaos, ASA President Felix DASSER highlights the role Switzerland will continue to play as a seat of arbitration in the current chaotic global landscape and the uncertain times caused by an increasing disregard of the rule of law.

Articles

One of the challenges faced by parties asserting claims against an international organization is that they are often barred from bringing proceedings before domestic courts due to the jurisdictional immunity enjoyed by international organizations. Recognizing that this could potentially deny their counterparts access to justice, International Law Commission included the topic of the "Settlement of Disputes to which International Organizations are Parties" in its work programme earlier this year. Alexandra GOETZ-CHARLIER explores how arbitration can be used by international organizations to settle private law disputes. (Alexandra GOETZ-CHARLIER, Arbitrating Disputes Between International Organizations and Private Parties.)

James FREEMAN, Godwin TAN, and Adithya MENON examine the default choice-of-law rule introduced in the English Arbitration Act 2025, which provides that, absent express agreement between the parties, the law of the seat governs the arbitration agreement, with a focus on the so-called "treaty exception." After examining the rationale for the exception and assessing its merits, the authors compare the English approach with those of certain other jurisdictions frequently chosen as seats in investment treaty arbitrations (Sweden, Singapore, France, and Switzerland). (James FREEMAN, Godwin TAN, and Adithya MENON, The Treaty Exception in the English Arbitration Act 2025: Should There be a Default Law Applicable to a Treaty-Based Arbitration Agreement?)

Sebastiano NESSI and Elena MURASHKO address the judicial conflict between the UK and Russia which has markedly intensified due to a surge in anti-suit injunctions (ASIs), anti-anti-suit injunctions (AASIs), and anti-enforcement injunctions (AEIs), and was further compounded by Russia’s enactment of 2020 Federal Law No. 171-FZ expanding the jurisdiction of Russian courts over disputes involving sanctioned Russian entities. (Sebastiano NESSI and Elena MURASHKO, The Battle for Jurisdiction: Navigating the Irreconcilable Divide Between UK and Russian Courts in Disputes Involving Sanctions and Arbitration Agreements.)

Laura AZARIA, Christian EXNER, and Anton VALLÉLIAN provide practical insights on how to enforce awards against States in Switzerland, highlighting the differences between Swiss, foreign, and ICSID awards. These questions have become particularly relevant in view of the increasing number of States refusing to comply with awards and raising immunity defences to resist enforcement. The authors offer a step-by-step guide to navigating the complex processes from the pre-award stage to the attachment of a State’s assets. (Laura AZARIA, Christian EXNER, and Anton VALLÉLIAN, You Won! Now What? How to Enforce Awards Against States in Switzerland.)

Foreign Case Law: Germany

• Oberlandesgericht Köln (Court of Appeal Cologne), 19 Sch 21/23, Urteil vom 2. Februar 2024 [New York Convention – Apparent authority to sign arbitration agreement]

Swiss Federal Supreme Court Decisions

• 4A_460/2024, Urteil vom 10. März 2025 [Extension of arbitration clause to non-signatory denied]
• 4A_163/2023 et 4A_490/2023, Arrêts du 16 janvier 2025 [Juge d’appui as forum necessitatis – Means of recourse available – Sovereign immunity]
• 4A_421/2024, Urteil vom 21. November 2024 [Second interpretative award by same rabbinical tribunal – Impartiality]
• 4A_268/2024, Urteil vom 11. Oktober 2024 [Challenge of arbitrator – No direct challenge against ICAS Challenge Commission decision]
• 4A_15/2023, Sentenza del 14 novembre 2023 [Arbitrator’s duty of disclosure – Impartiality]
• 4A_580/2023, Arrêt du 3 avril 2024 [CAS jurisdiction limited to international-level athletes under national anti-doping regulation]
• 4A_313/2024, Arrêt du 30 octobre 2024 [Incorporation by reference “mutatis mutandis” of main contract’s multi-tier dispute resolution clause into an anciliary contract]