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Paris Court of Appeal, 25 February 2020, No. 17/18001 Prakash Steelage Ltd. (“Prakash Steelage” or “Respondent”), an Indian company, entered into a sale agreement with a Romanian company Uzuc S.A. (“Uzuc” or “Claimant”) to deliver stainless steel tubes. As part of its manufacturing process, Uzuc then incorporated these tubes in the heat exchangers that it manufactured for GE Oil & Gas, who, in turn, installed the exchangers in a fertilizer plant for the final client,…

In The Republic of Korea v Mohammed Reza Dayyani and others [2019] EWHC 3580 (Comm), the English High Court rejected an application by the Republic of Korea (“Korea”) to set aside an investment arbitration award pursuant to s67 of the Arbitration Act 1996, finding that a London-seated ad hoc tribunal had substantive jurisdiction to hear disputes between Korea and a group of Iranian investors (the “Dayyanis”) arising under a bilateral investment treaty between Korea and…

As the 2019 Novel Coronavirus (COVID-19) continues to spread across the world, businesses are facing significant levels of instability and uncertainty caused by weakened financial markets and disruption to workplace operations and business pipelines. It is almost certain that such instability and uncertainty will result in a growth in the number and types of disputes, as businesses become unable (or unwilling) to perform existing contractual obligations and/or have to re-adjust to new pressures on their…

In its decision dated 6 January 2020, the Swiss Federal Supreme Court (SFSC) decided that an arbitration clause included in an agreement specifically regulating quality assurance encompasses all contractual disputes between the parties if the agreement’s wording and the circumstances support such broad interpretation (Case No. 4A_342/2019 (in German)). The reported dispute was preceded by respondent winning a tender procedure for the supply of thin-film transistor displays to claimant. During the negotiations of the supply contract,…