On 01 January 2014, a government bill (ErläutRV 2322 BlgNR 23. GP) introducing changes to the Austrian Arbitration Law will come into force (SchiedsRÄG 2013). Mainly Sec. 615 and 616 of the Austrian Code of Civil Procedure (ACCP), which regulate the procedural levels for challenging an arbitration award in front of an Austrian state court, will be changed. As of the start of next year, the Austrian Supreme Court will be both the first and the last instance to decide about such claims.
History of the Legislation
Based on the work of a group composed of several arbitration practitioners and academics, a ministerial draft bill (351/ME, SchiedsRÄG 2012) issued in February 2012 e [...]
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 arbitrator had violated the appellant’s right to be heard.
Although the decision applies Swiss Federal law, the decision is relevant to practitioners in other jurisdictions which allow for annulment of an arbitral award where a party’s right to be heard is violated. For example, section 68 of the English Arbitration Act 1996 allows for challenge to an award on the basis of serious irregularity, which includes a failure by the tribunal to comply with its general duty to act fairly and impartially as between the parties or to deal with all the issues [...]
A controversial decision by Qatar’s Court of Cassation has ruled on the necessity for arbitral awards to be rendered in the name of His Highness The Emir of Qatar. The said ruling issued on 12 June 2012 (Petition No. 64/2012) set aside an arbitral award rendered under the auspices of the Qatar International Center for Conciliation and Arbitration (QICCA).
The award was made in the settlement of a disagreement between the partners in a Qatari Limited Liability Company (LLC) when one of them (the Plaintiff) decided to step out of the Company and assign his shares to the other partners (the Defendants) in return of a disputed amount of money.
The partner who wished to leave the LLC initiated [...]
It is not uncommon to see the losing party of an ICSID arbitration filing a frivolous request for annulment merely to engage the opposing party in settlement negotiations. Another frequent abuse of ICSID’s annulment mechanism is to attempt to re-litigate the merits at the annulment stage. An annulment proceeding under the ICSID Rules typically takes a couple of years and involves costs similar to those in a regular ICSID proceeding. For this reason, when an annulment request is filed, some opposing parties prefer to reach an early settlement for a discounted amount rather than waiting more time to receive full satisfaction.
In 2006, the ICSID Arbitration Rules were amended to include [...]
One of the most important elements to consider when participating in arbitration proceedings is the available mechanisms to challenge the award of the arbitral tribunal. This element acquires an added significance when it comes to international arbitration where the award may be enforced in several jurisdictions.
With that in mind, it is pertinent to refer to the writ of amparo, a unique mechanism that exists in Spain and in most of Latin American countries. Although its exact name may vary depending on the relevant legal system, the writ of amparo is an extraordinary action which main purpose is the protection of the citizens’ constitutional rights, so its resolution is usually more exped [...]
By Justin D’Agostino, Martin Wallace and Yi-Shun Teoh
The Year of the Snake has begun auspiciously for arbitration in Hong Kong, with a recent decision of the Hong Kong Court of Final Appeal (“CFA”) underlining once again the jurisdiction’s arbitration-friendly credentials and the reluctance of its courts to interfere with the arbitral process and arbitral Awards.
On 19 February 2013, the CFA refused leave to appeal against the judgment of the Hong Kong Court of Appeal (“CA”) in Grand Pacific Holdings Ltd. v. Pacific China Holdings Ltd. (click here for a copy of the judgment). The CA’s judgment, which has been widely applauded in the arbitration community since being handed down in May 2012 [...]