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German Federal Court of Justice applies CISG to validity of the arbitration agreement

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The arbitration agreement is a separate agreement from the substantive agreement (= doctrine of separability). As a result, the arbitration agreement can be governed...

The Supreme Court in Enka v Chubb on the law applicable to the arbitration...

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Introduction In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) UKSC 38, the UK Supreme Court dismissed Chubb's appeal,...

English Court of Appeal provides much needed clarity on the proper law of an...

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Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two...

The Paris Court of Appeal confirms arbitrators’ application of UNIDROIT principles in the absence...

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Paris Court of Appeal, 25 February 2020, No. 17/18001 Prakash Steelage Ltd. ("Prakash Steelage" or "Respondent"), an Indian company, entered into a sale agreement with...

Brand new: Baker McKenzie’s Disputes Clause Finder

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  We are pleased to announce the launch of Baker McKenzie's latest legal tech tool, the Disputes Clause Finder. It is now freely available at www.disputesclause.com The...

Singapore Court determines proper law of arbitration clause

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In its recent decision in BNA v BNB and another SGHC 142, the Singapore High Court had to determine the law governing an...

A Revised Swedish Arbitration Act to enter into force 1 March 2019

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On 21 November 2018, the Swedish Parliament adopted revisions to the Swedish Arbitration Act ("SAA"). The revisions continue to reflect the influence that the...

U.S.: District court judgment vacating award overturned for failure to apply CISG and to...

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Transmar Commodity Group Ltd. v. Cooperativa Agraria Industrial Naranjillo Ltda., No. 16-3532-cv (2d Cir. May 9, 2018) In 2013, Transmar Commodity Group Ltd. ("Transmar")...

Brazilian Court of Appeals confirms the validity of arbitration in international sales representation agreement

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On June 21, 2017, the Court of Appeals of São Paulo confirmed the validity of an arbitration clause set forth in an international sales...

International Service via the Postal Service: The U.S. Supreme Court Holds that the Hague...

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Prior to May 22, 2017, there was a split among U.S. federal appellate courts as to whether service of process abroad, through postal channels,...