Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you our analysis of notable developments in international arbitration over the past year from over 40 jurisdictions worldwide. As with the editions before it, the 2023-2024 Yearbook covers important legislative and case law updates from each jurisdiction. This includes: New arbitral rules from many institutions including the SCC (Stockholm), CAM (Milan), CIAM (Madrid), SCCA (Saudi Arabia), CIETAC (China),…
In a recent decision published on 11 January 2023, the Swiss Federal Supreme Court (“SFSC”) confirmed the International…
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, demonstrates the English Courts’ desire to uphold the integrity of the arbitral proceedings and the awards that arise out of them. Developments in English court procedure, most recently the changes adopted in Section O of the Commercial Court guide, seek to discourage parties from pursuing appeals without proper merit.[1] Even then, where flaws appear in the arbitral…
The German Federal Court of Justice (“BGH”) recently decided that the application to set aside an arbitral award…
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 Italian Code of Civil Procedure (ICCP). In particular, domestic and international arbitration are regulated by ICCP Articles 806 to 832, while the recognition and enforcement of foreign awards are governed by ICCP Articles 839 and 840. On 10 October 2022, Legislative Decree No. 149 of 2022 (“Decree”) was enacted by the Italian government, delegated by the Italian…
A. LEGISLATION AND RULES A.1 Legislation A new set aside ground was introduced into Hungarian arbitration law in…
A. LEGISLATION AND RULES A.1 Legislation A.1.1. The arbitration reform has come into force On 25 April 2023,…
A. LEGISLATION AND RULES A.1 Legislation There are no developments with respect to the Dutch laws on international arbitration. A.2 Institutions, rules and infrastructure The Netherlands Arbitration Institute (NAI) is the largest arbitration institute in the Netherlands. The NAI has its own arbitration rules, which can be found on its website (https://nai.nl/nai-arbitration-rules-and-explanation/). The NAI was expected to introduce new NAI Arbitration Rules in 2023. The rules are not yet in force but do contain some…