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Maxi Scherer

Posts by Maxi Scherer

A View from the Mountain Top: A Challenge to International Arbitral Practice in Thomas Mann’s Magic Mountain

Switzerland may be one of the world’s most important arbitral seats, even so one would scarcely expect arbitration to hold much interest for the tubercular residents of Davos in Mann’s novel Der Zauberberg or The Magic Mountain. Yet aficionados of arbitration who persevere to the sixth chapter of his lengthy book are treated to [...] read more »

The Effects of Insolvency on International Arbitration

The Swiss Supreme Court recently rendered a decision (4_A428/2008, dated 31 March 2009) regarding the effects of insolvency proceedings on international arbitrations seated in Switzerland.
This case concerns a multi-party arbitration conducted under the ICC Rules with its seat in Geneva. One of the co-respondents in the arbitration, a Polish company, informed the tribunal that insolvency [...] read more »