Internationale Schiedsverfahren

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  07/01/2025

  Singapur

  Singapore International Arbitration Centre releases SIAC Rules 2025

  The Singapore International Arbitration Centre (“SIAC”) recently unveiled the 7th edition of its Arbitration Rules, which came into effect on January 1, 2025. This update follows extensive consultation with a diverse group of stakeholders, including arbitration practitioners, businesses, in-house counsel, government representatives, and academics.The 7th edition Arbitration Rules of the SIAC (the “SIAC Rules 2025”) serves as an update to the existing SIAC Rules 2016 (the “SIAC Rules 2016”) and can be found here. This article highlights the key updates in the...

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  10/12/2024

  International

  Construction contracts and choice of law for non-con­trac­tu­al obligations: risks and opportunities

  Non-contractual claims can in certain circumstances provide additional rights of action which are not otherwise available under a construction contract. The ability to choose the law governing such rights therefore provides an opportunity to employers and contractors to influence the extent to which such claims can be brought. A growing number of countries now permit parties such a choice, either through their domestic conflict of laws rules or as part of their arbitration law. In this Law-Now, we provide a summary of the relevance of non-contractual claims to construction disputes and some recommendations...

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  06/12/2024

  Schweiz

  The impact of sanctions against Russia at the enforcement stage: How to monetise awards against frozen assets in a nutshell

  Enforcement is often overlooked during the early stages of arbitration proceedings. No party, however, intends to go through the trouble and expense of an arbitration only to end up with an unenforceable award. From the outset of an arbitration, claimants and their counsel should consider whether the assets of their opponents are frozen under any applicable sanctions regime. The release of frozen assets of an award debtor to satisfy an arbitral award requires a specific authorisation from the competent authorities that is granted only under certain conditions (i.e. "Licence"). This article addresses...

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  27/11/2024

  Deutschland

  When is the hearing closed? – The Bavarian Highest Regional Court rules on the preclusion of objections against the execution of an arbitral award under Sec. 767(2) ZPO

  In a decision of 24 July 2024, the Bavarian Highest Regional Court (BayObLG) rejected an objection against the execution of an arbitral award because the applicant could have raised the objection in previous proceedings on the declaration of the arbitral award’s enforceability. Referring to an obiter dictum of the German Federal Supreme Court (BGH), the BayOblG held that the relevant threshold derives from the provision governing objections against the execution of state court judgments.I. Facts of the CaseThe proceedings before the BayOblG concerned the execution of an arbitral award rendered...

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  26/11/2024

  England and Wales

  High Court clarifies that the time to appeal an arbitration award runs from the date of the award, not the date of notification to the parties

  High Court clarifies that the time to appeal an arbitration award runs from the date of the award, not the date of notification to the partiesThe distinction between when an arbitration award is made (“Date of Award”) and when the parties receive notification of the award (“Date of Notification”) is often inconsequential. However, in Eronat v CPNC International (Chad) Ltd and another [2024] EWHC 2880 (Comm), the Commercial Court clarified that this distinction is key when it comes to filing timely appeals to the English Courts.Factual BackgroundThe arbitration clause at...

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  18/11/2024

  United Kingdom

  UK Supreme Court upholds anti-suit injunction in favour of Paris seated arbitration

  IntroductionThe recent Supreme Court judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30 has significant implications for arbitration agreements and anti-suit injunctions. This article provides a comprehensive analysis of the judgment, its background, and its potential impact on future arbitration disputes.BackgroundThe dispute concerned performance bonds issued by UniCredit Bank GmbH (“UniCredit”) in favour of RusChemAlliance LLC (“RusChem”) to guarantee the construction of liquefied natural gas and gas processing plants in Russia. The bonds were...

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