Baker McKenzie has launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The Tracker provides an overview of the Arbitration Bill, a guide to the key proposed changes and implications if the Bill is passed, and maps out the Bill’s progress, which will be updated regularly.The UK government asked the Law Commission to review the Arbitration Act 1996 to determine whether any amendments are required in order to ensure that the Act remains…
On 14 July 2023, the English High Court denied the enforcement of an arbitral award (“Final Award”) rendered…
On 9 March 2023, the German Federal Court of Justice (“BGH”) confirmed the decision of the Higher Regional…
On September 2, 2022, the Supreme Court of Ukraine had to decide whether the New York Convention applies to the enforcement of awards in Ukraine which had been issued in arbitration proceedings conducted under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”).[1] Factual background In the case decided by the Supreme Court, the Ukrainian investor Eugene Kazmin tried to avoid the enforcement of an ICSID cost award in…
Arbitration proceedings are becoming increasingly complex.[1] Pleadings are getting longer. Written evidence and the taking of evidence in…
Jiangsu Beier Decoration Materials Co. v. Angle World LLC, No. 21-3143 (3d Cir. Nov. 3, 2022)[1] Factual Background…
Outokumpu Stainless USA, LLC, v. Coverteam SAS (aka GE Energy Power Conversion France SAS, Corp.,), No. 17-10944 (11th Cir. July 8, 2022)[1] Factual Background In 2007, the predecessor of Plaintiff Outokumpu Stainless USA, LLC (“Outokumpu”) entered into a series of agreements with F.L. Industries Inc. (“Fives”) for the provision of three cold rolling mills used for manufacturing and processing steel products. The parties agreed that disputes arising from the agreements would be subject to arbitration under German…
In a decision published on the 19th July 2022, the Swiss Federal Supreme Court (“SFSC”) denied the enforceability…
Iraq Telecom Ltd. v. IBL Bank S.A.L., No. 21cv10940 (S.D.N.Y. Apr. 8, 2022)[1] Factual Background In 2011, Iraq Telecom…
It is trite that an arbitral tribunal has no jurisdiction to decide any issue that has not been submitted to arbitration, and that the parts of an arbitral award that relate to such issues may be set aside by the court. In CJA v CIZ [2022] SGCA 41 (“CJA v CIZ”), the Singapore Court of Appeal (“SGCA”) held that a tribunal that made findings beyond the precise terms of the pleadings and submissions advanced by…