In a remarkable turn of events the District Court of The Hague has set aside six arbitration awards, including the three final awards in excess of $50bn, in the investment arbitration against the Russian Federation over the change of ownership in the former Yukos Oil Company. The decision (which can be found in full here) was released last Wednesday, 20 April 2016. The Yukos Investment Arbitration Proceedings The arbitrations were initiated in 2005 by former…
In a nutshell, arbitration must fulfil two main aims to be attractive to its potential users: enforceability of…
On 23 February 2016,[1] the Austrian Supreme Court (“OGH”) rendered a new decision on an action to set…
Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields, WC2a 3JB QMUL’s School of International Arbitration is pleased to present a guest lecture by Leng Sun Chan SC, Baker & McKenzie Wong & Leow (Singapore), discussing “Arbitrability: The Limits of Arbitration”. The foundation of arbitration lies in the agreement of parties to arbitrate. Party autonomy is often invoked as a guiding principle. Nonetheless, there are instances where…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available.…
Recent development While Turkey’s International Arbitration Law No. 4686 has long permitted Turkish courts to grant interim relief…
In Goldman, Sachs & Co. v. Athena Venture Partners, L.P., No. 13-3461 (3d Cir. Sept. 29, 2015), the Third Circuit held that parties must challenge an arbitrator’s presence on the arbitration panel prior to the panel’s ruling on the dispute if they are on constructive notice that a basis exists to disqualify an arbitrator during the dispute. Therefore, vacatur of an award was denied where the party could reasonably have discovered arbitrator misconduct during the arbitration…
On August 4, 2015, the D.C. Circuit issued a decision in Chevron Corp. v. Republic of Ecuador, 795 F.3d 200…
In a judgment of 7 August 2015, the Court of Appeal Cologne had to deal with a claim for…
Once again, the Hong Kong courts have made this place a more hostile environment for arbitration guerrillas. Punishment for arbitration guerrillas was swiftly laid down in another pro-arbitration decision by Mimmie Chan J (the Judge in charge of the Construction and Arbitration List of the High Court) in Chimbuso International Petroleum (Singapore) Pte Ltd v Fully Best Trading Limited (“Chimbuso”). In Chimbuso, the plaintiff commenced proceedings against the defendant in the Hong Kong Court of…