Arbitraje internacional

Artículos Recientes

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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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  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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  25/10/2024

  International

  No fruit from the poisonous tree – The Bavarian Highest Regional Court declines recognition of a cost award rendered in an intra-EU investor-state arbitration

  In a recent decision (order of 13 September 2024 – 11 Sch 146/23), the Bavarian Highest Regional Court (BayOblG) ruled on the recognition of an arbitral award on costs that had been rendered in an arbitration conducted pursuant to the UNCITRAL Arbitration Rules and administered by the Permanent Court of Arbitration in The Hague. The proceedings had been initiated by German investors against the Czech Republic under the Energy Charter Treaty and the bilateral investment treaty between the Czech and Slovak Federal Republic and Germany. The arbitral tribunal had assumed jurisdiction but dismissed...

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  11/10/2024

  International

  The use of good faith arguments in time-bar disputes

  Good faith obligations are often raised in international construction disputes to overcome time-bar defences raised by employers. This Law-Now considers the approach to enforcing time-bar clauses under English law and in civil law jurisdictions before considering a recent DIFC decision which arises under the unique combination of English and civil law contained in the DIFC’s Contract Law.Time-bars under English lawThe English courts have traditionally shown themselves to be supportive of enforcing time bar clauses if they are not strictly complied with. Such clauses are intended to promote...

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  24/09/2024

  Omán

  Enforcement of Foreign Arbitration Awards in Oman – Monetary and Non-Monetary Awards

  Enforcement of Monetary and non-Monetary Foreign Arbitration Awards in Oman involves certain steps and considerations. Those are outlined as follows:Relevant regulationsThe following regulations are related to the enforcement of foreign arbitration awards in Oman:United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention “or “Convention”).The Law of Arbitration in Civil and Commercial Disputes No. 47/1997 (“Arbitration Law”), which is based on the UNCITRAL Model Law; andCivil and Commercial Procedures...

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