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Arbitration & ADR

14 March 2019
Chakrapani Misra Arbitrability of consumer disputes: loophole in Booz Allen framework?

India - Khaitan & Co

The Supreme Court recently ruled that consumer disputes are incapable of being submitted to arbitration, placing them in the infamous category of 'non-arbitrable' subjects in India. However, the court also stated that where an elected consumer fails to file a consumer complaint, the parties are not barred from submitting the dispute to arbitration. This article analyses whether such a statement could have far-reaching implications for arbitrability as a ground for challenging an award.

Authors: Chakrapani Misra, Sairam Subramanian, Rajeswari Mukherjee
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Madeleine Thörn Arbitral award challenge based on Achmea unsuccessful

Sweden - Norburg & Scherp Advokatbyra

The Svea Court of Appeal has largely upheld two arbitral awards which Poland had challenged on the ground that the arbitration provision in the investment treaty between Poland, Luxembourg and Belgium was incompatible with EU law according to Achmea. However, the court granted leave to appeal to the Swedish Supreme Court, as it deemed the case to include issues of importance for the guidance of the application of law.

Authors: Madeleine Thörn, Fredrik Norburg
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Recent updates

Marie Berard Enforcement of arbitral award against sovereign state requires service through diplomatic channels

United Kingdom - Clifford Chance

Authors: Marie Berard, James Dingley
Frank Spoorenberg Award partially set aside due to tribunal's unexplained choice between two contradictory findings

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini
Dimitri N Cocalis Annulment of arbitral awards for violating public order provisions

Greece - Cocalis & Partners

Author: Dimitri N Cocalis
Jeroen Van Hezewijk NAI introduces enhanced transparency policy

Netherlands - Freshfields Bruckhaus Deringer LLP

Authors: Jeroen Van Hezewijk, Sandra Coelen
Fredrik Norburg Does lack of impartiality justify a reduction in arbitrators' compensation?

Sweden - Norburg & Scherp Advokatbyrå

Authors: Fredrik Norburg, Catarina Rivero Lira
Ajay Bhargava Clarity in arbitral proceedings – legislation post-pronouncement of arbitral award

India - Khaitan & Co

Authors: Ajay Bhargava, Shalini Sati Prasad, Meher Tandon
Costanza Mariconda Real estate leasing and mandatory mediation

Italy - Mariconda e Associati Studio Legale

Author: Costanza Mariconda
Philip Jeyaretnam Company wound up in record time despite claims that dispute was subject to arbitration

Singapore - Dentons Rodyk

Authors: Philip Jeyaretnam, Shobna Chandran