The German Federal Court of Justice (BGH), in its decision of 9 January 2025 (docket number I ZB 48/24[1]), dealt with two distinctive features of German arbitration law and German civil law, namely Section 1032(2) of the German Code of Civil Procedure (“ZPO”) and Sections 305 et seq. of the German Civil Code (âBGBâ). Section 1032(2) ZPO reads: “Prior to the composition of the arbitral tribunal, an application may be made to the court to declare whether or not arbitration…
In a recent decision (âDecisionâ), the United States Court of Appeals for the Fifth Circuit the (âAppellate Courtâ)…
A. LEGISLATION AND RULES A.1 Legislation Hungarian arbitration law is based on the amended UNCITRAL Model Law of…
This debate occurred as part of London International Disputes Week and was chaired by Stella Mitchell-Voisin, CEO of Summit Trust International. Anthony Poulton and Richard Molesworth of Baker McKenzie argued in favour of the motion (the “House”), while Dakis Hagen KC and Stephanie Thompson, both of Serle Court Chambers, argued against (the “Opposition”). It should be noted that the views expressed by the speakers were not necessarily their own. The theme of the motion â…
Spineway SA v. Strategos Group LLC, No. 22-mc-00604-JLH (D. Del. Mar. 1, 2024)[1] Factual Background Spineway SA (“Spineway”) and…
A. LEGISLATION AND RULES A.1 Legislation Arbitration proceedings in TĂŒrkiye are governed by the International Arbitration Act 2001[1]…
This article examines the issue of serving by electronic means under the Hague Convention, including whether email service is permitted in countries that have specifically invoked their right under the convention to object to service by mail. In detail: According to the U.S. Supreme Court, compliance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Convention) is mandatory in all cases to which it applies. Volkswagenwerk…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now…
Factual Background In âMilantic Trans SA (âPlaintiffâ) v. Ministry of Production (RĂo Santiago Shipyard et al.) (âRespondentâ) the…
A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Legislation International arbitration in Venezuela continues to be governed by the Commercial Arbitration Law, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 36.430 on April 7, 1998, to which no legislative amendment has been made since. However, a new dispute board was created in 2019. This contemplates other projects of any nature contrary to prior Dispute Boards that are based on preventing engineering and construction conflicts.…