Interview with Ronaldo Cramer, vice-president of the Rio de Janeiro branch of the Brazilian Bar Association, offered to Rodrigo Moreira and Lucas Mendes, members of the Arbitration Commission of the Rio de Janeiro branch of the Brazilian Bar Association. Mr. Cramer is a partner at Nunes Ferreira, Vianna Araújo, Cramer, Duarte Advogados and played an important role in the enactment of the new Civil Procedure Code, which, he posits, was much influenced by the arbitration culture. COMMISSION:…
The Singapore High Court has recently dismissed a challenge to set aside an arbitration award in AYH v…
The topic of arbitrator bias has been the subject of two recent English law cases: W Limited v.…
In a recent case the English High Court refused to apply the IBA Guidelines on Conflicts of Interest 2014 (IBA Guidelines) when it considered a challenge to an arbitrator. Instead, in applying the English common law test for apparent bias, it concluded that there was no apparent bias despite the circumstances falling within the non-waivable red list under the IBA Guidelines. The case demonstrates that although the English court will have regard to the IBA…
You might have asked yourself whether it really makes a difference whether you agree in your arbitration clause…
In January 2016, the German Federal Supreme Court had to deal with the question whether an arbitral tribunal…
In its decision dated March 22, 2016 (case no. 4A_678/2015), the Swiss Federal Supreme Court was called upon to decide whether or not to set aside a CAS arbitral award on the grounds that the tribunal had ruled infra petita and had disregarded a party’s right to be heard. The underlying dispute revolved around a claim raised by a Brazilian football player (B.) against a Portuguese football club (Club A.), the latter of which is a…
Document production, at least to some extent, is an integral part of most international arbitration proceedings. This is…
On 23 February 2016,[1] the Austrian Supreme Court (“OGH”) rendered a new decision on an action to set…
Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields, WC2a 3JB QMUL’s School of International Arbitration is pleased to present a guest lecture by Leng Sun Chan SC, Baker & McKenzie Wong & Leow (Singapore), discussing “Arbitrability: The Limits of Arbitration”. The foundation of arbitration lies in the agreement of parties to arbitrate. Party autonomy is often invoked as a guiding principle. Nonetheless, there are instances where…