On 9 March 2023, the German Federal Court of Justice (“BGH”) confirmed the decision of the Higher Regional Court of Koblenz to refuse recognition and enforcement of an arbitral award issued in Russia.[1] Among others, the BGH held that the Arbitral Tribunal exceeded its personal jurisdiction by extending an arbitration agreement to a de facto group of companies. In its decision, the BGH answered several highly relevant questions: Is the enforcement court bound by a…
Factual Background In 2012, Mr. X bought a catamaran put up for sale by Mr. Y, who owned…
On 18 April 2023, the German Federal Ministry of Justice published its „Guidelines on the modernization of German…
On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international arbitration community in the Kabab-ji/Kout Food case. Factual Background In July 2001, Lebanese company Kabab-Ji and Kuwaiti company Al-Homaizi Foodstuff Co. WWL (“Al-Homaizi”) entered into a ten-year franchise agreement to operate the “Kabab-Ji” restaurant brand in Kuwait. The franchise agreement, as well as the agreements concluded with each restaurant, provided for the application of English law and…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now…
On September 2, 2022, the Supreme Court of Ukraine had to decide whether the New York Convention applies to the…
Arbitration proceedings are becoming increasingly complex.[1] Pleadings are getting longer. Written evidence and the taking of evidence in general are becoming more extensive. 100,000 pages of documentary evidence in a single arbitration proceeding? This is no longer uncommon. But does this mean that awards in arbitration must also become increasingly comprehensive? It is a nearly universal principle that, unless otherwise agreed, international arbitral awards must set forth the reasons for the tribunal’s decision.[2] The requirement…
Germany is a Model Law country. As a result, German Law provides for only limited grounds to set…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Netherlands continues to be governed by the Wet…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Kyrgyzstan continues to be governed by the Law on Arbitration Courts (“Law”), as enacted on 30 July 2002. The Law is mostly based on the UNCITRAL Model Law. Provisions of the Law were challenged several times based on arguments that the Law and the main principles of arbitration proceedings contradicted Kyrgyzstan’s constitution. However, the constitutional court and the constitutional chamber of the Supreme Court consistently rejected…