On 11 April 2024, Baker McKenzie launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The Tracker provides an overview of the Arbitration Bill, a guide to the key proposed changes and implications if the Bill is passed, and maps out the Bill’s progress, which will be updated regularly.The UK government asked the Law Commission to review the Arbitration Act 1996 to determine whether any amendments are required in order to ensure that…
Introduction The UK Supreme Court has upheld a recent decision by the English Court of Appeal (“CoA”) in…
Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you…
In a recent decision published on 11 January 2023, the Swiss Federal Supreme Court (“SFSC”) confirmed the International Centre for Settlement of Investment Disputes’ (“ICSID”) decision upholding China’s objection regarding the arbitral tribunals’ jurisdiction (case no. 4A_172/2023 [in German], intended for official publication). Factual background The dispute at stake originated from ICSID arbitration proceedings seated in Geneva, Switzerland (case no. ADM/21/1), and was based on the Bilateral Investment Treaty between China and Singapore (“China-Singapore BIT”). The claimants’…
In Therium Litigation Funding A IC v Bugsby Property LLC[1] the English Commercial Court had its first opportunity…
It is often observed that successful challenges to arbitration awards are rare and that this, perhaps in itself,…
The German Federal Court of Justice (“BGH”) recently decided that the application to set aside an arbitral award before a German state court is inadmissible if the applicant has already paid the amount stipulated in the award without reservations (BGH, decision of 26 October 2023, case no I ZB 14/23). The decision provides clarity on an issue that had been widely debated amongst scholars and arbitration practitioners in Germany. Factual Background The Claimant in the…
On 4 September 2023, the Swiss Federal Tribunal Court (“SFSC”) decided on appeals raised against three closely linked…
A. LEGISLATION AND RULES A.1 Legislation Arbitration in Italy is governed by Articles 806 to 840 of the…
A. LEGISLATION AND RULES A.1 Legislation A new set aside ground was introduced into Hungarian arbitration law in 2023. From 5 June 2023, an arbitration award may be set aside on the grounds that the arbitration panel has disregarded an expert opinion prepared by the Technical Forensic Expert Panel (Teljesítésigazolási Szakértői Szerv). This does not mean that an opinion of the Technical Forensic Expert Panel must be accepted by the arbitration panel, but at least…