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In Arbitration Agreements

Germany: Do Arbitration Agreements Cover Cartel Damages Claims?

by , and 4 Mins Read

The question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took an arbitration-friendly approach by dismissing an action as inadmissible and referring the dispute to arbitration.[1] The dispute arose between a joint venture of construction companies (“Claimant”) and a rail manufacturer (“Respondent”). In 2003, Claimant and Respondent concluded two contracts under which Respondent was obliged to deliver rails as well as to perform certain construction duties. Additionally, the…

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In Arbitration Procedure

France: Terms of reference – a key document to which the parties to an arbitration procedure must pay particular attention

by and 2 Mins Read

In a decision dated 15 June 2017, the French Cour de cassation held that an acknowledgment of the validity of the arbitral tribunal’s constitution in the terms of reference amounts to a renunciation to invoke the tribunal’s lack of independence and impartiality.[1] In this case, the chair of the tribunal did not disclose any element in his declaration likely to raise reasonable doubt as to his independence and impartiality. However, one of the parties to…

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In Arbitration Procedure

Modernization of the Swedish Arbitration Act in progress

by 4 Mins Read

Approaching its twentieth anniversary, the modernization of the Swedish Arbitration Act (“SAA”) is closer than ever. Although the general perception is that the SAA is effective, the long-prepared reform aims to make it even more responsive to the needs of its users. The development of the reform to date The first steps towards modernizing the SAA were taken in February 2014, when the Swedish Government appointed a parliamentary committee to review the SAA, identify any…

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