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In Europe

Turkey: M&A Arbitration

by , and 18 Mins Read

This post is an extract from the first edition of GAR’s The Guide to M&A Arbitration, first published in December 2018. The whole publication is available at https://globalarbitrationreview.com/edition/1001270/the-guide-to-m-a-arbitration-first-edition. Frequency of M&A disputes The frequency of disputes largely depends on market conditions and M&A literacy. Turkey’s attractiveness to investors over the past decade has naturally resulted in an increase in M&A transactions. The number of transactions in Turkey for the year 2016 was 243; for 2015,…

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In Arbitration Procedure

Quo Vadis Party-appointed Experts?

by and 6 Mins Read

The never-ending clash between the Civil Law and Common Law traditions in international arbitration took center-stage once again in 2018, with the introduction of the Inquisitorial Rules on the Taking of Evidence in International Arbitration, or the “Prague Rules”. Lawyers from the Civil Law tradition, increasingly dissatisfied with the IBA Rules on the Taking of Evidence in International Arbitration, introduced the Prague Rules as an alternative to the “adversarial approach” embodied in the IBA Rules.…

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In Arbitration Procedure

Fast, faster, Early Determination Procedures?

by and 7 Mins Read

On 1 November 2018, the revised HKIAC Arbitration Rules entered into force (see GAN: New HKIAC Administered Arbitration Rules further enhance efficiency of arbitrations). HKIAC has followed a recent trend in international arbitration and has introduced a provision providing for “Early Determination Procedures”. Under the new Article 43 a party may seek an early decision of the tribunal on factual or legal issues. Article 43(1) provides: The arbitral tribunal shall have the power, at the…

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In Europe

Swiss Federal Supreme Court rules that arbitral awards against states can only be enforced in Switzerland if the underlying claim has a link to Switzerland

by 4 Mins Read

In a decision dated September 7, 2018 (case no. 5A_942/2017, selected for publication), the Swiss Federal Supreme Court issued a landmark decision on the enforcement of arbitral awards against state-owned assets located in Switzerland. The case revolved around a UNCITRAL award issued by an arbitral tribunal with its seat in Paris against a central Asian state. Based on this award, enforcement proceedings were initiated against real estate owned by the central Asian state in Switzerland. The…

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