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Amendments to the Brazilian Arbitration Law: Supplementary Arbitral Awards and Excess of Power

On 27 July 2015 the Bill amending to the Brazilian Arbitration Law will come into force, introducing significant changes in the arbitration legal framework, which, according to the stated purpose of the amendments, aim at improving the original Brazilian Arbitration Law, enacted in 1996. The amendments attempt to consolidate established practices as well as settling other issues that were unclear the original Brazilian Arbitration Law, such as the authority of arbitrators to review provisional measures granted by courts and to possibility of arbitrating disputes with public entities.

But despite their stated purpose, the amendments bring several controversial issues to the Brazilian Arbitra [...]

Res Judicata Effect of Judicial Decisions on Jurisdictional Objections due to an Arbitration Agreement?

The facts of the situation are simple: the claimant goes to the domestic courts and the defendant argues that there is an arbitral agreement. The court judge upholds the jurisdictional objection and refers the parties to arbitration but, once the arbitration proceedings are over, the claimant party appeals to have the award annulled on the grounds that the very same arbitral agreement is invalid or doesn’t exist. Is the court judge’s decision binding on the court that hears the annulment petition?

The problem described doesn’t come up in countries like France, where the domestic courts have to decline jurisdiction and refer the parties to arbitration unless the arbitral agreement is ma [...]

Does the Polish Arbitration Law Finally Move toward International Standards?

The Ministry of Economy of the Republic of Poland prepared and published a draft act (“the Draft Law”) (a draft law on promoting amicable dispute resolution methods, available in Polish here ). The Draft Law proposes amendments to the Polish Arbitration Law (part five of the Polish Code of Civil Procedure (“CCP”), Official Journal of Laws of the Republic of Poland, No 43, item 296, as amended) (“the Polish Arbitration Law”). The Polish Arbitration Law in its current form is an adoption of the UNCITRAL Model Law which was introduced in 2005 (adopted on 28 July 2005, in force as of 17 October 2005, Official Journal of Laws of the Republic of Poland, No 178, item 1478). Since 2005 to date, the [...]

The Jnah vs. Marriott Case: The Never-Ending Story? Latest Episode with the 18 March 2015 Decision Of The French Cour de Cassation

The so-called Jnah v. Marriott saga belongs to the category of cases that are seemingly never-ending. It is telling that the contracts which gave rise to the various disputes between the Lebanese company Jnah Development SAL (“Jnah”) and the US company Marriott International Hotels Inc. (“Marriott”) were concluded in 1994.

On 18 March 2015, the French Cour de Cassation added a new chapter to this epic story by quashing the 17 December 2013 Paris Court of Appeal decision. The Court of Appeal had previously set aside an arbitral award rendered on 3 February 2012 that denied jurisdiction over claims brought on behalf of Jnah relating to the termination of a hotel management contract.

Th [...]

The New Slovak Arbitration Act Applicable From January 2015: Has It Progressed Sufficiently?

The new Slovak Arbitration Act (“SAA”) was adopted by the Parliament (Act. No. 336/2014 Coll.), and is in force as of January 1, 2015. In order to see whether the SAA will promote Slovakia as an arbitration venue, main novelties and amendments brought by this new act are analysed in this blog entry.

Arbitrability: Under the old law, parties were allowed to arbitrate disputes, which were subject to settlement in courts under art. 99 of the Slovak Code on Civil Procedure. The amendment provides under art. 1(2) that arbitrable disputes are those, which are related to legal relations and “can be settled by an agreement of the parties [under art. 585 of the Slovak Civil Code (“SCC”)] in [...]

Enforcement of an Award Set Aside: the So-Called “Preferred Approach” and its Application under English Law

The Main Approaches Regarding Enforcement of Annulled Foreign Awards

The ongoing issue of whether an award that was set aside in the country of origin should be enforced has recently arisen in England and Wales. This issue has divided jurisdictions in two camps: the first camp is comprised of jurisdictions that are ready to enforce an award notwithstanding the fate of that award in the country of origin, while in the second are jurisdictions in which the courts deny the enforcement of an annulled award. The former jurisdictions are adopting the delocalized approach which emphasizes the transnational nature of an award and their courts are therefore more likely to disregard the annulment of a [...]

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