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Arbitration Agreements

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In Arbitration Agreements

Business Between Israel and China: Is Your Arbitration Clause Worth The Paper on Which It Is Written?

by 9 Mins Read

Since diplomatic relations with China began in 1992, Israeli-Sino trade volume has risen steadily, from US$50 million in 1992 to US$9.9 billion in 2012. Chinese technology powerhouses, such as Alibaba and Baidu, have visited Israel frequently in recent years, looking to purchase Israeli start‑ups and export their technology back to China. Prominent Chinese companies like China Civil Engineering Construction Corporation are being engaged to carry out the tunnel boring works for the Carmel Tunnel in…

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In Arbitration Agreements

Brazil: Validity of an arbitration clause providing for “mediation or arbitration”

by , , and 4 Mins Read

On 16 December 2015, the Brazilian Superior Court of Justice rendered a decision, published on 22 February 2016, which put an end to a protracted dispute over the validity of an arbitration clause providing alternatively for “arbitration or mediation.” The dispute involved the holding companies of the Odebrecht and the Gradin families, respectively named Kieppe and Graal. Those are the main shareholders of Odebrecht, one of Brazil’s largest conglomerates. The former is the majority shareholder…

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In Arbitration Agreements

Brazil: The binding effect of the arbitration clause in groups of companies and the group of companies doctrine

by 42 Mins Read

Abstract: The purpose of this article is to consolidate the issues raised in debates on the binding effect of the arbitration clause to non-signatory parties that are members of groups of companies in accordance with the so-called group of companies doctrine under the Brazilian legal system. First, this article analyses the concept of arbitration agreements, as well as its validity requirements, especially the requirement of written form. Then, the article explores the meaning of the…

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In Arbitration Agreements

The Hague District Court Sets Aside Yukos Awards

by 6 Mins Read

In a remarkable turn of events the District Court of The Hague has set aside six arbitration awards, including the three final awards in excess of $50bn, in the investment arbitration against the Russian Federation over the change of ownership in the former Yukos Oil Company. The decision (which can be found in full here) was released last Wednesday, 20 April 2016. The Yukos Investment Arbitration Proceedings The arbitrations were initiated in 2005 by former…

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