France: Terms of reference – a key document to which the parties to an...

In a decision dated 15 June 2017, the French Cour de cassation held that an acknowledgment of the validity of the arbitral tribunal’s constitution...

U.S. Second Circuit Confirms Annulled Award Cannot Be Enforced

Two years after its noted decision enforcing an annulled award in the Pemex case, the Second Circuit again took up the issue of enforcement...

Investor State Arbitration under CETA: Key Provisions and What to Watch for in 2017

The Comprehensive Economic and Trade Agreement ('CETA') between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European...

Turkey: ISTAC Arbitration is Now an Alternative For Public Procurement Agreement Disputes

Recent development The Turkish Public Procurement Authority recently amended the standard contracts annexed to the Regulations on the Implementation of Public Procurements effective as of...

Vattenfall-Decision Mitigates Achmea-Effect

A couple of months ago a decision by the European Court of Justice ("ECJ") shocked the arbitration community: The ECJ decided in its (in)famous...

Swiss Federal Supreme Court Reaffirms CAS Panel is Independent From FIFA

In its decision 4A_260/2017 rendered on 20 February 2018, the Swiss Federal Supreme Court declined to set aside an award rendered by the Court...

English High Court provides useful guidance on whether test for appeal on a point...

The case of Agile Holdings Corp v Essar Shipping Ltd clarifies the circumstances in which the court can revisit the decision to grant leave...

England and Wales: Apparent Bias In Arbitral Tribunals – Guidance from the Court of...

In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) (3) (4)...

Due process and fairness in arbitral proceedings: the Commercial Court rules against finding serious...

The rejection of SCM Financial Overseas Ltd's ("SCM") challenge to an US$ 860 million award in favour of Raga Establishment Ltd ("Raga") on the...

Draft Model BIT abandons Party-Appointed Arbitrators

On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT. The news heading was "Radical proposals...

Comparative Chart of International Investment Arbitration Rules

Investment treaty arbitrations may be brought under the rules of many different arbitration institutions.  As can be expected, each institution has its unique rules...

Germany: Do Arbitration Agreements Cover Cartel Damages Claims?

The question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took an arbitration-friendly approach by dismissing an...

 Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017 

Click here for the chapter on France in the 2016-2017 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on France in the 2015-2016 Arbitration Yearbook.