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The Polish Supreme Court[1] dealt with two issues arising out of setting aside proceedings. First, the question of the relationship between the decision of the court in setting aside proceedings and its impact on the arbitration commenced after the setting aside of the award. Second, the issue of whether the certainty of the law embodied in the statute of limitations may constitute the basic rules of law which should be protected under the public policy…

In a groundbreaking decision of 6 March 2018, the European Court of Justice (CJEU) shook up the arbitration community. The first reaction generally is that the CJEU has virtually stopped investment arbitration proceedings if the underlying Bilateral Investment Treaty (BIT) had been concluded between member states of the European Union. But is that true? To recall: BITs typically stipulate that each contracting country promises to treat investors from the other contracting country in a fair and…

Litigation funding, sometimes called third-party funding or litigation finance, is becoming increasingly popular in Switzerland these days. One major force behind this trend is the procedural law in Switzerland. At the beginning of proceedings when the action is filed, the plaintiff may already have incurred substantial costs. Swiss civil courts may demand the plaintiff to make an advance payment up to the amount of the expected court costs. The amount of the advance payment will…