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Arbitration & ADR

25 April 2019
Costanza Mariconda Supreme Court of Cassation rejects appeal of arbitral award for alleged violation of substantive rules

Italy - Mariconda e Associati Studio Legale

The Supreme Court of Cassation recently addressed a supply contract between two parties that contained a ritual arbitration clause. Pursuant to the clause, an arbitration proceeding had been commenced, which had resulted in the defendant being ordered to pay damages. The defendant had subsequently appealed the arbitral decision for alleged violation of the procedural rules, despite the fact that appeals for the violation of substantive rules are precluded by legislation and case law.

Author: Costanza Mariconda
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Matej Kosalko Equal treatment of parties

Slovakia - Allen and Overy LLP

Section 17 of the Arbitration Act requires the equal treatment of parties in arbitration proceedings. Over the past year, the extent of this procedural safeguard has been tested before numerous Slovak courts, including the Supreme Court, the Bratislava Regional Court and the Banska Bystrica Regional Court. Notably, the courts seem to have avoided an extensive interpretation of Section 17 when reviewing awards.

Author: Matej Kosalko
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