TRADITIONAL ARBITRATION INSTITUTIONS IN TIMES OF ANTI-RUSSIAN SANCTIONS There has been discussion in recent months about a potential shift away from the common preference of Russian companies to refer disputes under their contracts to LCIA (or sometimes ICC) arbitration in London, with English law as the governing law. The shift is considered to be a reaction against the imposition of sanctions by the United States and European Union in relation to events in Crimea and…
How prior corrupt conduct by a company can limit it from subsequently pursuing legal rights and remedies Bribery…
Is Hong Kong Service Always Better: Hong Kong Refuses Enforcement of Mainland Award On 24 April 2015, the…
In February 2014, a parliamentary committee was appointed by the Swedish Government to review and modernize the Swedish Arbitration Act. The committee addressed several issues identified in the directive as requiring attention, including among others the need for specific provisions in the Arbitration Act for multi-party disputes, measures to further enhance efficient court procedures in challenge proceedings, possibility of conducting set-aside proceedings in English and potential new provisions in determining the substantive law for the…
In Landmark Ventures, Inc. v. InSightec, Ltd., No. 14 Civ. 0233 (S.D.N.Y. Nov. 26, 2014), the U.S. District…
Ecopetrol S.A. and Korea National Oil Corporation v. Offshore Exploration and Production LLC, No. 14-cv-529 (S.D.N.Y. Sept. 10,…
In Sheldon Stone v. Theatrical Investment Corp., No. 14 Civ. 6494 (S.D.N.Y. Dec. 2, 2014), the U.S. District Court for the Southern District of New York afforded “strong deference” to an arbitrator’s conclusions, deflecting several challenges to the award, including a challenge to the arbitrator’s authority under New York law to appoint a receiver to collect and administer future distributions. Plaintiff, Sheldon Stone, on behalf of the Stone Family Trust (“SFT”), filed suit seeking confirmation of an arbitration award…
In a recent decision rendered on 28 August 2014 (decision 4A_74/2014, published in the official record of the…
In two, almost identical decisions rendered on 27 March 2014 (decisions 4A_362/2013 and 4A_448/2013) the Swiss Federal Supreme…
One of the central objectives of civil procedural law is to provide a mechanism for the final and conclusive resolution of disputes. In accordance with the res judicata principle, matters which have been judged on the merits are, therefore, deemed binding on the parties, and may no longer be re-litigated nor decided differently in subsequent proceedings. Although this principle is very widely recognised, the effects of judgments, and the criteria for determining the identity of…