In its decision dated March 22, 2016 (case no. 4A_678/2015), the Swiss Federal Supreme Court was called upon to decide whether or not to set aside a CAS arbitral award on the grounds that the tribunal had ruled infra petita and had disregarded a party’s right to be heard. The underlying dispute revolved around a claim raised by a Brazilian football player (B.) against a Portuguese football club (Club A.), the latter of which is a…
In a remarkable turn of events the District Court of The Hague has set aside six arbitration awards,…
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 aside an arbitral award. Notably, this is the fourth decision since the OGH was vested with the exclusive competence for setting aside proceedings in 2014. In its decision, the OGH once more confirmed its strict stance with regard to the violation of the right to be heard. In addition, the decision contains remarks concerning the violation of…
Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields,…
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 before or during arbitral proceedings, the law was silent as to whether this was permitted once a final award had been rendered by the arbitral tribunal but before it became enforceable by Turkish execution offices. A Turkish Court of Appeal has now made clear that courts can grant interim relief at any time before, during or after…
In Goldman, Sachs & Co. v. Athena Venture Partners, L.P., No. 13-3461 (3d Cir. Sept. 29, 2015), the…
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 damages of a former respondent in arbitration proceedings. The respondent had lost the arbitration to a large extent. The tribunal ordered the respondent to reimburse the claimant’s costs of approx. EUR 730,000 including lawyers’ fees in an amount of approx. EUR 460,000. As it subsequently turned out, the claimant had in fact only paid to his lawyers’ fees in…