Expert Guides - Commercial Arbitration

Enforcing Arbitral Awards that Have Been Set Aside in the Seat Where the Award Was Made – Different Approaches Towards the Same Thorny Issue

The issue of whether an arbitral award that has been annulled or set aside in the seat of the arbitration can nonetheless still be enforced in another jurisdiction is one that continues to generate diverging viewpoints

14/10/2016 David M Orta, Quinn Emanuel Urquhart & Sullivan, US Michael A Fernández, Quinn Emanuel Urquhart & Sullivan, US

Interim Relief and the Court’s Role

Arbitration provides parties with a unique opportunity to prospectively choose a private system of justice

14/10/2016 Joe McArthur, Blake Cassels & Graydon, Canada

Dubai International Financial Centre: A go-to jurisdiction for enforcement

The Dubai International Financial Centre ("DIFC"), the common law off-shore exception within the UAE's civil law system, is quickly evolving into a go-to jurisdiction for enforcement actions

14/10/2016 Björn Gehle, Reed Smith, United Arab Emirates Roberta Wertman, Reed Smith, United Arab Emirates

Recognition and Enforcement of an International Arbitral Award Under Sections 51 and 52 of the Nigerian Arbitration and Conciliation Act

In Sundersons Limited & Milan Nigeria Limited v. Cruiser shipping PTE Limited & Universal Navigation PTE Limited1 the Court of Appeal in Nigeria interpreted the provisions of Sections 51 and 52 of the Arbitration and Conciliation Act CAP A18, LFN 2004 in favour of the recognition and enforcement of...

14/10/2016 Adedoyin Oyinkan Rhodes-Vivour, Doyin Rhodes-Vivour & Co, Nigeria

Istanbul Arbitration Center (ISTAC) Rules of Arbitration

The Istanbul Arbitration Center ("ISTAC") was established in line with the objectives to form an independent and autonomous institutional arbitration center that is capable of competing internationally

14/10/2016 H Ercüment Erdem, Erdem & Erdem Law Office, Turkey

Switzerland — a Favorable Seat of Arbitration for Foreign Antitrust Claims

Switzerland (especially Geneva and Zurich) has traditionally been a preferred venue for arbitration, generally ranking among the top three countries as a place for ICC arbitrations

14/10/2016 Franz Stirnimann Fuentes, Froriep, Switzerland Jean Marguerat, Froriep, Switzerland

Romania: New Horizons in Commercial Arbitration

The Rules enacted in 2012 had a very short life span, being completely changed in 2014

14/10/2016 Cosmin Vasile, Zamfirescu Racoti & Partners, Romania Cosmin Cojocaru, Zamfirescu Racoti & Partners, Romania

Hold Free And Harmless Clauses or Indemnification Clauses – One of the Main Issues in post contractual M&A Arbitration Proceedings

Most M&A transactions are subject of arbitration proceedings

14/10/2016 Mark C Hilgard, Mayer Brown, Germany

Genentech v Hoechst/Sanofi: new insights regarding the control of conformity by French courts of international arbitral awards with “international public policy”

For over ten years, since a 2004 Thales decision of the Paris Court of Appeal, followed in 2008 by an SNF decision of the Cour de cassation, the French highest court in civil and commercial matters, French courts have taken a restrictive position regarding the extent to which a court can review the...

14/10/2016 Jean-Christophe Honlet, Dentons, France

A new law “On Arbitration”: Key issues undermining the investment attractiveness of Kazakhstan

On 8 April 2016 the new Arbitration Law was enacted in Kazakhstan

14/10/2016 Aigoul Kenjebayeva, Dentons, Kazakhstan Nurzhan Albanov, Dentons, Kazakhstan

Dispute resolution in China: Has the arbitral market opened up?

The arbitral market on Mainland China is regarded as a closed shop for foreign arbitral institutions in two ways

14/10/2016 James Kwan, Hogan Lovells, Hong Kong Grace Zhu, Hogan Lovells, Hong Kong

Significant Amendments to Chinese Foreign Investment Law

Reflecting upon the experiences of the application of the negative list approach in the Free Trade Zones ("FTZ") in Shanghai, Tianjin, Guangdong and Fujian, the Central Government of PRC has decided to expand the application of such approach nationwide

13/10/2016 Helena H C Chen, Pinsent Masons, China

Amendment of Arbitration Law in Poland

The Act of 24 July 2015 on Support for Methods of Alternative Dispute Resolution, which includes changes to the system of post-arbitration proceedings in Poland, will enter into force on 1 January 2016.

The most important change will be to "flatten" the model of post-arbitration proceedings....

30/09/2015 Maciej Laszczuk, Laszczuk & Partners, Poland

State Acts on International Arbitration – How Much Do They Matter?

In 2013, the Chief Administrative Judge of the Courts of New York State designated the Hon. Charles E. Ramos, Justice of the Supreme Court, New York County, to handle all international arbitration cases before the Commercial Division, New York County–a good reminder that, in the U.S.A., states...

30/09/2015 Anibal Martin Sabater, Chaffetz Lindsey, US

Arbitrating M&A Disputes

Frequently M&A disputes are resolved by arbitration. This article examines various issues to consider when choosing to arbitrate a dispute that arises out of a M&A transaction and gives some invaluable tips in the context of agreeing the Sale and Purchase Agreement ("SPA") to help ensure that you...

30/09/2015 Edward E Poulton, Baker McKenzie, United Kingdom Thomas P Yates, Baker McKenzie, United Kingdom

Drafting Arbitration Agreements

Arbitration agreements are the essential basis of international arbitration. A successful arbitration starts with a successful arbitration agreement. Unsuccessfully drafted arbitration agreements can face enforcement difficulties, high and unnecessary costs, and delays. IBA Guidelines for Drafting...

30/09/2015 H Ercüment Erdem, Erdem & Erdem Law Office, Turkey

Spain: Update On Arbitration

1. Two important developments in Spain relating to arbitration are worth notice: (i) the first-ever enforcement of an ICSID award in Spain and (ii) the new 2015 arbitration rules of the Civil and Commercial Court of Arbitration (CIMA) (hereinafter, the 2015 CIMA Arbitration Rules).

2. Following the...

30/09/2015 Gonzalo Stampa, Stampa Abogados, Spain

Arbitrating in Russia: what are the options?

Russia is likely not the first choice as a place of arbitration, as many foreign parties are usually concerned with potentially excessive interference form Russian judiciary and the quality of Russian arbitral institutions. Nevertheless, sometimes failure to agree on arbitrating in Russia may become...

30/09/2015 Yaroslav Klimov, Norton Rose Fulbright, Russia Andrey Panov, Norton Rose Fulbright, Russia

New Arbitration Rules of the Bucharest Court of International Commercial Arbitration

On 4 June 2014, the Court of International Commercial Arbitration (CICA) attached to the Chamber of Commerce and Industry of Romania (Bucharest Court of International Commercial Arbitration) introduced a new set of arbitration rules, the Court of International Commercial Arbitration Rules (CICA...

30/09/2015 Cosmin Vasile, Zamfirescu Racoti & Partners, Romania Violeta Saranciuc, Zamfirescu Racoti & Partners, Romania

Recent Developments in Commercial Arbitration in Finland

Arbitration has a long-standing tradition as a method for resolving commercial disputes in Finland. For example, the Arbitration Institute of the Finland Chamber of Commerce (FAI) was established already in 1911, which makes the FAI as one of the world's oldest arbitration institutes. The current...

30/09/2015 Patrik Lindfors, Lindfors & Co, Finland Leena Kujansuu, Lindfors & Co, Finland

When is recourse available to the Singapore Courts for an anti-arbitration injunction?

This article explores the availability of anti-arbitration injunctions ("AAIs") in Singapore.

Power of the Singapore Courts to issue AAIs

Following the High Court decision of Mitsui Engineering and Shipbuilding Co Ltd v Easton Graham Rush [2004] 2 SLR(R) 14 ("Mitsui"), a pall was cast over the...

30/09/2015 Francis Xavier SC, Rajah & Tann Singapore, Singapore

Arbitration in China - A Brief Report on Recent Developments

In 2014, there were 235 arbitration commissions in mainland China and they administered 113,660 cases in total, a nine percent rise from 2013. The total value of claims reached RMB 265.6 billion (USD42.7 billion), a 61 percent increase from the previous year. The annual number of cases has been...

30/09/2015 Helena H C Chen, Pinsent Masons, China

Commercial arbitration developments

With every passing year, recourse to commercial arbitration continues to rise in the global marketplace, with an increasingly diverse and sophisticated community of participants in the process.

The growth and success of commercial arbitration as a popular means of resolving disputes relating, in...

01/04/2015 Eric Schwartz, Independent Arbitrator, US Viren Mascarenhas, King & Spalding, US

Interim reliefs in international arbitration: the appropriate standard for tribunals

Interim reliefs frequently play an important role in the resolution of international arbitration disputes. For example, it may be necessary to obtain interim orders to preserve: (i) the assets which are the subject of the dispute; or (ii) relevant evidence; or (iii) the status quo pending...

01/04/2015 Alvin Yeo SC, WongPartnership, Singapore Wei Lee LIM, WongPartnership, Singapore

Domestic and international arbitration: A living tree

Canada's Constitution has often been likened to a "living tree" capable of growth and expansion; one which, by way of progressive interpretation, accommodates and addresses the realities of modern life. The same might be said of the domestic and international legal instruments that govern...

01/09/2014 Stephen L Drymer, Norton Rose Fulbright, Canada Chiara Fish, Woods, Canada

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