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Sports Arbitration – Munich Court of Appeals Does Not Recognize CAS Arbitral Award in Pechstein Case

On January 20, 2015, Posted by , In Uncategorized, With No Comments

Claudia Pechstein, a five-time Olympic gold medallist, was banned from competitions between 2009 and 2011 for a doping offence. After the World Championships in 2009, the ISU had accused Pechstein of blood doping and issued the ban, which was based on irregular levels of reticulocytes in her blood. Pechstein denied…

Indian Supreme Court Declines to Intervene in International Arbitration with SIAC Appointing Authority

On January 20, 2015, Posted by , In Uncategorized, With No Comments

In the recent case of Pricol v. Johnson Controls (Pricol Limited v. Johnson Controls Enterprises Ltd and Ors, Arbitration Case (Civil) No.30 of 2014), the Supreme Court of India declined to intervene in an international arbitration with the SIAC as appointing authority, upholding the parties’ chosen mechanism in a well-reasoned…

New Indian Model BIT on the Anvil

On January 11, 2015, Posted by , In Uncategorized, With No Comments

India lost its first Investment Treaty Arbitration (ITA) claim in 2012 against White Industries, an Australian company. Taking cue from the White Industries case, (read more on it here) around 17 fresh ITAs have been filed against India in last two years. Beleaguered with these claims, a new model BIT…

ONGC v Western GECO – A new impediment in Indian Arbitration

On January 11, 2015, Posted by , In Uncategorized, With No Comments

Recently, the Indian courts have seen a heartening change with respect to the court adopting a pro-arbitration approach. However, for arbitrations seated in India, the decision of ONGC v Western GECO marks a regressive step in the non-interference trend. The Court assumed power to modify the subject matter of an…

The new Singapore International Commercial Court (SICC) recently launched

On January 11, 2015, Posted by , In Uncategorized, With No Comments

The specialist court will hear disputes over global business deals. The new court is part of a plan to position Singapore as Asia’s dispute resolution hub, which involves the Singapore International Arbitration Centre, set up in 1991, and the Singapore International Mediation Centre, launched in November last year. Chief Justice…

The State of Palestine accedes to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

On January 11, 2015, Posted by , In Uncategorized, With No Comments

The State of Palestine has deposited its instrument of accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention. With its accession, the State of Palestine becomes the 154th State party to the Convention. The Convention will enter into force…

Third Party Rights – Arbitrability, Locus Standi and Precipate Action in Arbitration Proceedings in Nigeria

On January 11, 2015, Posted by , In Uncategorized, With No Comments

Without deciding whether the dispute before the arbitration tribunal was arbitrable, the Court of Appeal held that although FIRS was not a party to the arbitration agreement it could intervene in the arbitration proceedings. It said, ” if a party to an arbitral agreement can challenge the jurisdiction of the…

Call for papers: TDM Special issue with ARBITRALWOMEN – “Dealing with Diversity in International Arbitration”

On January 1, 2015, Posted by , In Uncategorized, With No Comments

The TDM special issue will analyse discrimination and diversity in international arbitration. It will examine new trends, developments, and challenges in the use of practitioners from different geographical, ethnic/racial, religious backgrounds as well as of different genders in international arbitration, whether as counsel or tribunal members. In particular, this special…

New CIETAC Arbitration Rules 2015 in force as of 1 January 2015

On January 1, 2015, Posted by , In Uncategorized, With No Comments

In November, the China International Economic and Trade Arbitration Commission (CIETAC) published the CIETAC Arbitration Rules 2015 (the 2015 Rules), which will enter into force on 1 January 2015. The changes are designed to improve the efficiency of CIETAC arbitral proceedings and bring the CIETAC Arbitration Rules closer in line with international…

An anti-suit injunction issued by an arbitral tribunal is enforceable in light of Council Regulation (EC) No 44/2001 and New York Convention

On January 1, 2015, Posted by , In Uncategorized, With No Comments

In the Opinion of Advocate General Case C‑536/13 ‘Gazprom’ OAO, Advocate General Wathelet gave his opinion on whether an EU member state can refuse to enforce an arbitral award containing an anti-suit injunction because it is inconsistent with Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of…