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In February 2014, a parliamentary committee was appointed by the Swedish Government to review and modernize the Swedish Arbitration Act. The committee addressed several issues identified in the directive as requiring attention, including among others the need for specific provisions in the Arbitration Act for multi-party disputes, measures to further enhance efficient court procedures in challenge proceedings, possibility of conducting set-aside proceedings in English and potential new provisions in determining the substantive law for the…

The High Court of Australia dismissed a challenge to the constitutional validity of the International Arbitration Act 1974 (Cth) (Act) and declared the Act valid: TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia & Anor.Facts The case concerned an agreement between a Chinese company, TCL Air Conditioner (Zhongshan) Co Ltd (TCL), and an Australian company based in Victoria, Castel Electronics Pty Ltd (Castel), for the supply of air…

Abstract: In 2012, Brazilian and English courts examined the validity of an arbitration agreement executed in Brazil. The decisions rendered demonstrate the different approaches in view of the choice of the law governing arbitration agreements. In Brazil, this law was associated with the law governing the main contract, which was Brazilian law, whereas in England, the decisions were based on the doctrine of the separability of the arbitration agreement from the underlying contract and determined…