Arbitraje internacional

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  22/01/2025

  International

  LCIA publishes latest costs and duration analysis: are parties getting value (and efficiency) for money?

  The London Court of International Arbitration (“LCIA”) has published its third report on the costs and duration of arbitrations conducted under the LCIA arbitration rules, following previous reports published in 2015 and 2017 (the “Report”).  The Report covers all 616 cases that reached a final award between 1 January 2017 and 12 May 2024. This is the longest time period studied by the LCIA to date and apparently the longest time period covered by any costs and duration analysis by any arbitral institution to date.  In that period, the LCIA received the highest...

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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

  Suiza

  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

  Alemania

  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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