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Arbitration Statistics 2020 – In Full Sail Through the COVID Storm

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Introduction It is this time of the year again: most major arbitration institutions have published their statistical reports, giving us the opportunity to take a closer look at their numbers. As usual, we start off...

District court applies balancing test to determine whether to enforce an arbitration award or...

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Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021) Cube Infrastructure Fund SICAV, Cube Infrastructure Managers S.A., Cube Energy S.C.A. (now Cube Energy S.a.r.l.) ("Cube"), Demeter Partners S.A.,...

Brazil Judiciary regulates arbitral letters for communications between arbitrators and judicial courts

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The Brazilian Justice Counsel published on September 29, 2021 a decision regulating arbitral letters, which are the instruments foreseen in Brazilian Arbitration Act and in the Brazilian Code of Civil Procedure for communications between...

District court grants petition to compel arbitration where existence of arbitration agreement was in...

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Spliethoff Transport B.V. v. Phyto-Charter Inc., No. 20-CV-3283 (S.D.N.Y. May 13, 2021) Petitioner Spliethoff Transport B.V. ("Spliethoff") sought an order to compel Respondent Phyto-Charter Inc. ("Phyto-Charter") to submit to arbitration in New York an...

District court refuses to vacate award annulled at the seat of arbitration because it...

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Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua, S.A.B. de C.V., No. 1:15-cv-02120-JLK (D. Colo. Apr. 30, 2021) In 2005, Compañía de Inversiones Mercantiles S.A. ("CIMSA"), Grupo Cementos de Chihuahua, S.A.B. de...

Swiss Supreme Court confirms that an arbitral tribunal may under certain circumstances refuse to...

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In a decision published on 15th June 2021, the Swiss Federal Supreme Court ("SFSC") dismissed a challenge to set aside an arbitral award because in its view, the request to reschedule the hearing was...

Offsetting counterclaims against an arbitral award in the enforcement stage – a promising defense?

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In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can defend itself against the arbitral award with counterclaims at the...

How long do parties need to wait for an arbitral award in Germany?

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Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties are typically not in the business of "litigating", but want to resolve their (commercial) disputes in...

Contract compelling arbitration not formed where parties submitted two different versions of the same...

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Rowland v. Sandy Morris Financial & Estate Planning Services, LLC., No. 20-1187 (4th Cir. 2021) Barry and Donna Rowland ("Rowland") first enlisted Sandy Morris and her Florida-based firm, Sandy Morris Financial LLC ("SMF"), for...

Brazilian Superior Court Confirms 90-Day Limitation Period to Request Annulment of an Arbitral Award

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On August 9, 2021, the Brazilian Superior Court of Justice (STJ) published an interesting decision on the time limit to request the annulment of arbitral awards with a seat in Brazil. Under art. 33, paragraph...

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