Sports Arbitration and Due Process
Perréard de Boccard Sports arbitration is becoming an increasingly important field. In Switzerland, where the Court for Arbitration for Sports is located, the Swiss Supreme Court is seeing lately...
View ArticleSports Arbitration and Due Process: The Sequel
Perréard de Boccard In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed an appeal...
View ArticleThe New ICC Rules: Continuing Evolution of Case Management Powers to Control...
White & Case LLP, for White & Case The escalation of costs and delays in international arbitration and the consequent dissatisfaction of the system’s users have become prime subjects for users...
View ArticleMass Claims and the distinction between jurisdiction and admissibility
University of Victoria Faculty of Law In its 4 August 2011 Decision on Jurisdiction and Admissibility, the majority of the Tribunal in Abaclat and Others (Case formerly known as Giovanna a Beccara and...
View ArticleMass claims and the distinction between jurisdiction and admissibility (Part II)
University of Victoria Faculty of Law With the release of the Dissenting Opinion in Abaclat v. Agentina, we now have the benefit of a forceful critique of the majority’s decision that the Abaclat...
View ArticleSwiss Federal Court Annuls Arbitration Award due to Violation of the Right to...
Herbert Smith Freehills LLP, for Herbert Smith Freehills In a recent decision of the Swiss First Civil Law Court (X._____ v. Y.______, 4A_669/2012), an arbitral award was annulled on the basis that the...
View ArticlePrimera v Jiangsu – Challenging an Award on the Ground of Serious...
Berwin Leighton Paisner LLP and Nikki O’Sullivan, Senior Associate at Berwin Leighton Paisner LLP In a recent decision of the English Commercial Court, Flaux J restated the general principle that the...
View ArticleInvalidity of arbitration agreement when lack of choice to refuse it
Perréard de Boccard On 28 February 2014, the Regional Court of Munich rendered a decision in the matter opposing German speed skater Claudia Pechstein to the ISU (Judgment of the Regional Court of...
View ArticleEfficiency at all cost – arbitration and consolidation?
LP Legal, for ArbitralWomen The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s law firm.1 Consolidation of multiple disputes...
View ArticleCelebrating a Vision: Queen Mary School of International Arbitration Turns 30...
As a fitting tribute to the vision of the first dedicated arbitration education institution, the School of International Arbitration (SIA) marked its 30th anniversary with a two day conference looking...
View ArticleNon-Participating Parties and Burden of Proof: French Cour de Cassation...
Castaldi Mourre & Partners On 5 November 2014, the French Cour de Cassation, overruled a decision of the Paris Court of Appeal for having reversed the burden of proof in a case involving a...
View ArticleThe PRC’s New Provisions on Recognition and Enforcement of Taiwan’s Civil...
Pinsent Masons LLP, for ArbitralWomen The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the...
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