Nowadays high value M&A transactions and project structures can be very complex, in particular involving a number of parties based in different jurisdictions who between them enter into a variety of related contracts. To save time and money, parties can seek to resolve all the issues in dispute in the same set of legal proceedings, rather than in many different, but related, proceedings. This has traditionally been done relatively easily in court proceedings. However it…
The expansion of economic globalization and the growing number of transnational transactions in the last few decades have…
On Sept. 16, 2015, the European Union launched a proposal for a new “Investment Court System” which shall…
Arbitral tribunals have the power under Singapore law to rule on their own jurisdiction, consistent with the widely recognised principle of Kompetenz-Kompetenz. In a recent decision, the Singapore High Court has confirmed that this power extends not only to questions concerning the validity or scope of any arbitration agreement under which the tribunal has been constituted, but also questions concerning the very existence of an arbitration agreement. This includes situations where a party to the…
A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that…
In PoolRe Ins. Corp. v. Organizational Strategies, Inc., No. 14-20433 (5th Cir. Apr. 7, 2015), the U.S. Court…
Introduction Emergency arbitration is a feature of the rules of all leading international arbitration institutions, both across Asia and elsewhere. Emergency arbitration is considerably new and likely to remain a permanent part of the international arbitration landscape. Prior to the modern day emergency arbitration provisions, precursor emergency arbitration rules existed, such as the International Chamber of Commerce (ICC) Pre-Arbitral Referee procedure, as well as optional emergency arbitrator provisions in the rules of the American Arbitration Association. The emergency arbitration rules implemented in the Stockholm…
In 2015, the body supervising the Brazilian Judiciary (Corregedoria Nacional de Justiça, or CNJ) included among its yearly…
In its judgment dated 25 June 2015, the Svea Court of Appeal annulled a Stockholm Chamber of Commerce…
On June 12, 2015 the ICSID tribunal in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan has ordered the claimants, two Turkish construction companies, to disclose whether their claims in the arbitration are being funded by a third-party. If a funding agreement existed, the claimants were ordered to disclose the names and details of the third-party funder(s) and the terms of that funding. Third-party funding has raised several concerns. Some argue that…