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 agreement to the appellant as a non-signatory party to the agreement. In the opinion of the SFSC, the appellant had not sufficiently interfered in the conclusion and execution of the underlying main contract to an extent where such inference could, in…
Introduction In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38, the…
Introduction Under Hong Kong law, a company shall be deemed to be unable to pay its debts if…
The dispute resolution clause is often referred to as the “midnight clause” as it is commonly reviewed at the 11th hour of the contract negotiations. As a result, many dispute resolution clauses, particularly arbitration clauses, are given insufficient consideration. Despite this multi-tiered dispute resolution clauses are commonly included in many agreements. The decision of Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 is a timely reminder of the importance of carefully drafting the dispute…
On June 1, 2020, in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, the…
Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both…
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties (“BITs”) concluded between EU member states, which peaked upon the issuance of the judgment in the case between Slovakia and Achmea by the CJEU on 6 March 2018.[1] In this judgment the CJEU examined the arbitration clause concluded in the Netherlands-Czechoslovakia BIT, and came to the conclusion that this clause was not in line with EU law.…
The case concerns a damage claim between a Luxembourg company and the Republic of Poland. The arbitral tribunal…
It has been 56 years since the article which coined the term “pathological clauses” was published in 1974.[1]…
In its decision dated 6 January 2020, the Swiss Federal Supreme Court (SFSC) decided that an arbitration clause included in an agreement specifically regulating quality assurance encompasses all contractual disputes between the parties if the agreement’s wording and the circumstances support such broad interpretation (Case No. 4A_342/2019 (in German)). The reported dispute was preceded by respondent winning a tender procedure for the supply of thin-film transistor displays to claimant. During the negotiations of the supply contract,…