According to the Polish Supreme Court – very far, as it allowed an arbitral award to modify the key provision of a contract on the basis of equity principles. The questions that arose before the Polish Supreme Court in recent setting aside proceedings[1] concerned the issue of modifying the remuneration agreed in a contract between two professional parties on the basis of the principles of equity. The Supreme Court had to answer the question of…
For those not familiar with the relevant rules, the calculation of the time limit for challenging an English…
The ultimate objective of a party seeking damages in an arbitration is usually to get paid. This article…
With decision dated 17 October 2017 (4A_53/2017), the Swiss Federal Supreme Court considered for the first time whether Swiss arbitral awards remain subject to revision proceedings despite the parties having waived their right to bring an action for annulment. The Swiss arbitration law allows parties to waive the statutory right to challenge an award in setting-aside proceedings, if none of them has its domicile, habitual residence or place of business in Switzerland. However, such setting-aside…
Diag Human, S.E. v. Czech Republic Ministry of Health, No. 13-0355, (D.D.C. Sep. 27, 2017) [click for opinion]…
Overview The recent judgment in UMS Holding Ltd & Ors v Great Station Properties SA & Anor [2017]…
Getma Int’l v. Republic of Guinea, No 16-7087 (D.C. Cir. July 7, 2017) In 2008, the Republic of Guinea (“Guinea”) sought bids to expand and operate a port in Conakry, the country’s capital. Getma International (“Getma”) submitted the winning bid. Getma and the Republic of Guinea then entered into a twenty-five-year Concession Agreement. Their partnership was short-lived. In December 2010, Guinea elected a new president, who quickly terminated the Agreement. Getma, protesting that the government’s…
Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov’t of the Lao People’s Democratic Republic, Nos. 14-597, 14-1052, 14-1497, 2017…
Venco Imtiaz Construction Co. v. Symbion Power LLC, No. 16-1737, 2017 U.S. Dist. LEXIS 82480 (D. D.C. May…
University of Notre Dame (USA) In England v. TJAC Waterloo, LLC, No. 16-1397 (1st Cir. June 28, 2017) Plaintiff-Appellee the University of Notre Dame (USA) in England (“Notre Dame”) executed a purchase and sale agreement to buy a building in England from Defendants-Appellants TJAC Waterloo, LLC (“TJAC”) and ZVI Construction Co., LLC (“ZVI”). Per the agreement, Notre Dame purchased the building from TJAC for $58,833,700, contingent upon completion of its renovation and conversion into a…