An award creditor, Dredging and Maritime Management SA (âDMMâ) sought to recognize and enforce an ICC award issued on 15 September 2014 in a Geneva-seated arbitration.[1] In addition to arguments on violation of public policy due to enabling a material breach of the rights of other creditors[2] the Moscow Arbitrazh Court accepted the respondentâs argument that the ICC arbitration court lacked competence to resolve the dispute. The arbitration clause was as follows: âAny dispute that…
Safran Elec. & Defense SAS v. iXblue SAS, No. 1:18-cv-07220 (S.D.N.Y. Feb. 6, 2019) [click for opinion] In…
The world is small, so is the arbitration scene. Therefore, it cannot always be prevented that arbitrators and…
The FĂ©dĂ©ration Internationale des IngĂ©nieurs-Conseils (FIDIC), in association with the International Tunnelling and Underground Space Association (ITA-AITES), launched the First Edition of the “Conditions of Contract for Underground Works” (Emerald Book) for tunnelling and underground works on 7 May 2019 at the World Tunnel Congress 2019 in Naples. The Second Edition of the “Conditions of Contract for Plant and Design-Build, 2007” (Yellow Book 2017) was used as the basis for drafting the Emerald Book’s General…
On 12 March 2019, the Brussels Court of Appeal suspended the enforcement of an arbitral award that was…
We are pleased to announce that the twelfth edition of The Baker McKenzie International Arbitration Yearbook is now…
In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain level of security and allocate risk for unsatisfied expectations. As such, they are the main source of claims arising from M&A transactions. In order for the warranties and indemnities to have a real impact they should be secured – but is this enough? To ease the buyer’s concern regarding the seller’s capacity to pay indemnification amounts, arbitration…
The LCIA’s 2018 Casework Report provides another interesting snapshot of LCIA arbitration in numbers, including improvements in a…
Diag Human S.E. v. Czech Republic â Ministry of Health, 907 F.3d 606 (D.C. Cir. Oct. 26, 2018) [click…
Asia Pacific Australia Final report of government inquiry into banking and financial services A Government inquiry is examining standards and misconduct in the banking and financial services industry, with a final report due by 1 February 2019. Financial institutions have already been served with legal proceedings (including class actions) arising from the inquiry, which is expected to continue. First year of Trans-Pacific Partnership Australia has ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, along…