Tavernier Tschanz | Switzerland | 30 Jun 2022
In a recent decision, the Supreme Court recalled the conditions that must be met to request the revision of an international arbitral award under article 190a of the Private International Law Act. The Supreme Court found that such conditions had not been met in the present case and dismissed the request for revision. In view of the outcome of the request for revision, the challenge......
BBB National Programs Inc | USA | 28 Jun 2022
In the early 1980s, the U.S. automotive market was transitioning. Big, rear-drive vehicles were being replaced by smaller, fuel-injected…
Hill Dickinson LLP | United Kingdom | 31 May 2022
The High Court has held that in circumstances where an arbitral award contains a ‘glaringly obvious error’ and the tribunal refuses to correct its…
Herbert Smith Freehills LLP | France, Global | 26 May 2022
In Belokon v. Kyrgyzstan (Cass. Civ. 1ère, 23 March 2022, No. 17-17.981), the French Supreme Court upheld the Paris Court of Appeal's 2017 decision to…
Freshfields Bruckhaus Deringer | France | 26 May 2022
The Court of Cassation recently upheld the Paris Court of Appeal's decision to set aside the award in Belokon v Kyrgyz Republic based on charges of money laundering. The decision affirmed the French courts' oversight over arbitral awards and endorsed a de novo review to determine whether there was a violation of international public policy under article 1520(5) of the Code of Civil Procedure.
Mourant | British Virgin Islands | 24 May 2022
This guide examines the routes to the recognition and enforcement of foreign judgments and arbitral awards in the British Virgin Islands (the BVI).
Ogier | Cayman Islands | 19 May 2022
Arbitration is a mechanism of binding dispute resolution, which entails resolving disputes outside of the court process in accordance with procedures and standards as determined by the parties in dispute. Arbitration is, therefore, an alternative to traditional litigation and is distinct from non-binding forms of dispute resolution such as mediation. This article is part three of a three-part......
Ogier | Cayman Islands | 19 May 2022
The Cayman Islands has long been recognised as a major global centre with expertise in financial services disputes, a well-established legal infrastructure and experienced lawyers and judiciary. These features, together with its pro-arbitration framework and its geographical position as a neutral location, makes it a strong choice as a seat for international arbitrations. This article is part......
RPC | United Kingdom | 17 May 2022
Prior arbitral proceedings may give rise to issue estoppel and abuse of process claims against third parties who are "Gleeson privies". However, this exceptional rule would typically be difficult to establish in the context of arbitration given its contractual and confidential nature.
DLA Piper | Italy | 17 May 2022
The Italian legislator is certainly aware of the need to make the rules on the recognition in Italy of foreign arbitral awards clearer and more…