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Arbitration & ADR

29 October 2020
Nikolaus Pitkowitz Supreme Court scrutinises admissibility of videoconference hearings

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

The Supreme Court recently determined the admissibility of conducting an arbitral hearing by means of a videoconference in the context of challenge proceedings. The court held that even where one party opposes, ordering a remote hearing in arbitration is admissible and does not constitute a reason to challenge the arbitral tribunal. This decision must be regarded as a precedential landmark decision as it appears to be the first decision of any supreme court worldwide to tackle this issue.

Author: Nikolaus Pitkowitz
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Camille Teynier Arbitration proceedings during COVID-19 crisis: helpful tips and new developments

France - Freshfields Bruckhaus Deringer LLP

The COVID-19 pandemic has undeniably disrupted the performance of contracts. Although the Paris Commercial Court has ruled the pandemic to be a force majeure event in a commercial contract, this characterisation may not be retained in all situations. This article provides helpful tips to keep in mind when analysing a contractual situation, in light of French law specificities that might be unknown to foreign companies or counsel involved in arbitration proceedings to which French law applies.

Author: Camille Teynier
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Anke C Sessler Dissenting opinions: ground for annulment or mere annoyance?

Germany - Skadden Arps Slate Meagher & Flom LLP

Germany is a civil law jurisdiction whose laws do not have an express provision on the admissibility of dissenting opinions in arbitration proceedings. Because dissenting opinions by German judges (except Federal Constitutional Court judges) are prohibited as a violation of the secrecy of deliberations principle, the admissibility of dissenting opinions in arbitration proceedings seated in Germany is controversial.

Authors: Anke C Sessler, Max Stein, Christine Russ
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Recent updates

Marie Berard Supreme Court clarifies principles for determining law of arbitration agreement

United Kingdom - Clifford Chance

Authors: Marie Berard, Eraldo d'Atri, Benjamin Barrat
William Jones Court of Appeal enforces foreign arbitral award in favour of Brazilian airline

Cayman Islands - Ogier

Authors: William Jones, Marc Kish, Anna Snead
Ajay Bhargava Costs regime under Arbitration and Conciliation Act

India - Khaitan & Co

Authors: Ajay Bhargava, Arvind Kumar Ray, Vansha Sethi Suneja
Maciej Durbas Arbitral award vacated for violation of EU competition law

Poland - Kubas Kos Gałkowski

Authors: Maciej Durbas, Rafał Kos
Nikolaus Pitkowitz Supreme Court specifies reasoning standards for awards

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

Author: Nikolaus Pitkowitz
Martin J Valasek Arbitrating disputes in pharmaceutical, life sciences and healthcare sector during COVID-19 pandemic

International - Norton Rose Fulbright

Authors: Martin J Valasek, Brian R Daley, Jordana Sanft, Randy C Sutton