District court confirms enforcement of foreign arbitral award, denying arguments that tribunal was not...

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Petitioner Pao Tatneft ("Tatneft"), previously OAO Tatneft, initiated arbitration against the Ukrainian government. The case arose out of the parties' joint ownership of CJSC Ukrtatnafta Transnational Financial and Industrial Oil Company ("Ukrtatnafta") (Pao Tatneft...

Swiss Supreme Court confirms principle of ‘kompetenz-kompetenz’ as a rule of chronological priority

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In its decision published 2 November 2020, the Swiss Federal Supreme Court ("SFSC") upheld an arbitral award referring to the widely recognized principle in international arbitration of 'kompetenz-kompetenz' (case no. 4A_461/2019 (in German)). Factual background The...

New Inter-State-Arbitration Mechanism under the EU-UK Trade and Cooperation Agreement

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All well that ends well? After more than four years since the Brexit vote and just one week before the end of the Withdrawal Agreement between the United Kingdom and the European Union, both...

The Year Ahead: Developments in Global Litigation and Arbitration in 2021

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The Year Ahead – our publication looking at key developments in global litigation and arbitration for 2021 – is now available in English, Spanish and Mandarin. COVID-19 and its effects have triggered many disputes, with litigation...

Brazil: Bankruptcy or judicial reorganization of a party does not suspend arbitration

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On December 24, 2020 Brazilian Bankruptcy Law was amended by Law 14.112, to make the process of bankruptcy and judicial recuperation (Brazilian equivalent to US Chapter 11) more efficient, in view of the final...

EU law, Polish public policy? Polish court’s views on taking into account EU laws...

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The Appellate Court in Warsaw recently ] considered whether the EU state aid regulations form part of the Polish public policy, when considering an application to set aside an arbitral award. The Court decided...

Swiss Supreme Court denies the extension of an arbitration clause to a third party...

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In a recent decision published 13 November 2020, the Swiss Federal Supreme Court ("SFSC") granted the appeal against the partial final award of an arbitral tribunal, with which the latter had extended the arbitration...

Baker McKenzie Arbitration Quiz Night

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We are delighted to invite you to Baker McKenzie's first ever Arbitration Quiz Night! Join us on 8 December 2020 at 6.00 pm CET for what promises to be an evening of light-hearted laughs, interesting...

Austrian Supreme Court confirms arbitral tribunal’s ruling to hold virtual hearing despite one party’s...

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In its landmark decision under docket no. 18 ONc 3/20s, published on 28 September 2020, the Austrian Supreme Court (Oberster Gerichtshof "OGH") established two important principles for arbitral tribunals seated in Austria: The conduct...

Arbitrator challenges: a practical guide

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1. A case for challenge Nothing is more important in arbitration than the impartiality and independence of arbitrators. Parties hand over their fundamental right to have their dispute heard to one or more individuals in...

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