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Consent to Arbitrate

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In Arbitration Agreements

Multi-tiered dispute resolution clauses: a Swiss view

by and 4 Mins Read

A recent decision by the Swiss Federal Supreme Court (4A_628/2015) has addressed the jurisdictional hurdles that can result from multi-tiered dispute resolution clauses, under which parties must first submit disputes to conciliation before being able to commence arbitration. Background The parties had agreed that, before referring disputes to arbitration in Switzerland in accordance with the UNCITRAL Arbitration Rules, they would make an attempt to resolve the matter through conciliation pursuant to the then existing ICC…

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In Arbitration Agreements

Swedish Appeal Court rules that arbitral tribunal should not have heard Yukos claims

by 6 Mins Read

In its judgment of 18 January 2016[1], the Svea Court of Appeal overturned the Stockholm District Court’s judgment and approved the Russian Federation’s plea for negative declaratory relief. Contrary to the Stockholm District Court, the Svea Court of Appeal found that the arbitral tribunal lacked jurisdiction to adjudicate the claim made by Spanish investors against the Russian Federation originating from the alleged expropriation of the Spanish investor’s investments in Yukos Oil Company. The Svea Court…

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In Consent to Arbitrate

Swiss Federal Supreme Court rejects jurisdictional challenge of a CAS award in a dispute between a football club and a players’ agent

by 6 Mins Read

In its decision dated November 9, 2015, the Swiss Federal Supreme Court ruled on whether or not to set aside a CAS award on the grounds that the CAS arbitrator had wrongly accepted jurisdiction. In its decision dated November 9, 2015 (case no. 4A_176/2015), 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 arbitrator had wrongly accepted jurisdiction to…

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In Arbitration Procedure

Multi-Party Arbitrations – A Practical Guide

by and 8 Mins Read

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…

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