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News

Decisions of the SCAI on the constitution of an arbitral tribunal and the appointment of an arbitrator are not subject to separate appeal

26.02.2019

According of the Swiss Code of Civil Procedure, only the final arbitral awards by which an arbitral tribunal upholds, dismisses or rejects a claim in whole or in part, as well as partial arbitral awards by which a quantitative part is adjudicated and interim arbitral awards by which a preliminary question is decided may be challenged the Federal Supreme Court.

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Bias of an arbitrator due to a "Facebook friendship"

26.02.2019

Art 6 ECHR provides for the general right to assert the bias of a judge if his independence and impartiality are not undoubtedly certain.

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Interpretation of a foreign arbitration award

24.03.2017

The successful party to an arbitration procedure before the Chamber of Agriculture Poland applied for the enforcement of the arbitration award at the OLG Brandenburg.

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Arbitration agreements with Indian parties

14.12.2016

It is particularly difficult to achieve the enforcement of a foreign arbitral award in India, if the arbitration agreement has been concluded prior to the "Baltico-Judgement" of 07.09.2012. 

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Right to a compulsory portion - effectiveness of an arbitration clause

14.12.2016

The legal right to a compulsory portion cannot be made subject of arbitrational proceedings by manifesting an arbitration clause in the last will. 

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New procedural rules at ICC

14.12.2016

On 01.03.2017 new procedural rules for ICC arbitration came into force. In the future, the reasons for a decision regarding the challenge of an arbitrator will have to be announced. 

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