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Arbitration & ADR

23 May 2019
Katie McDougall Dispute resolution for multi-contract projects: avoiding parallel proceedings and conflicting decisions

International - Norton Rose Fulbright

Construction contracts are often part of a wider suite of project contracts, involving multiple, overlapping parties. This intertwined suite of contracts means that when a dispute arises, it arises under multiple project contracts, which can be difficult to deal with. Choosing arbitration as the dispute resolution procedure for each project contract – and ensuring that the arbitration agreement in each project contract is consistent – will help parties to achieve consolidation of future disputes under different project contracts.

Authors: Katie McDougall, Hector Sharp
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K Shanti Mogan Court of Appeal determines that negative declaratory arbitration awards are enforceable

Malaysia - Shearn Delamore & Co

A recent Court of Appeal case addressed whether a negative declaratory arbitration award is enforceable. The decision emphasises the narrow grounds that enable the high courts to refuse to recognise or enforce an arbitration award, as long as the requirements of Section 38(2) of the Arbitration Act are complied with. It also establishes a precedent that there is no barrier to the enforcement of a negative declaratory arbitration award.

Author: K Shanti Mogan
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Maciej Durbas State court not obliged to review arbitral case file

Poland - Kubas Kos Gałkowski

In post-arbitral proceedings, parties challenging an unfavourable award or its enforcement often argue that they were deprived of the right to present their case or that the tribunal violated the rules of procedure or committed some other procedural error and often request the state courts to order the tribunal to present the arbitral case file. A recent Supreme Court decision evaluated the usefulness and necessity of granting such requests and clarified that such measures should be granted only rarely.

Authors: Maciej Durbas, Rafał Kos
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Madeleine Thörn Arbitral award set aside for violation of due process

Sweden - Norburg & Scherp

In a recent decision, the Supreme Court confirmed that Section 34(7) of the Arbitration Act – under which an arbitral award must be set aside if an irregularity occurred in the course of the proceedings and probably influenced the case's outcome – should be applied restrictively. This decision is a rare example of a Swedish court setting aside an award based on procedural irregularities under Section 34(7).

Authors: Madeleine Thörn, Fredrik Norburg
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Matthew Kirtland Disclosure in international arbitration: using US courts to obtain discovery for non-US proceedings

USA - Norton Rose Fulbright

Unbeknown to many, Section 1782 of Title 28 of the US Code permits parties to obtain discovery in the United States in aid of non-US legal proceedings, including – in some instances – international arbitrations. Such discovery can include documents and sworn testimony (eg, depositions). In conducting an arbitration seated outside the United States (or other non-US legal proceedings), it is useful to understand the mechanics, requirements and key issues of Section 1782 discovery.

Authors: Matthew Kirtland, Katie Connolly
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Recent updates

Gisele Stephens-Chu French court rules that mandatory expert determination provisions do not render arbitration clauses inapplicable

France - Freshfields Bruckhaus Deringer LLP

Authors: Gisele Stephens-Chu, Nora Bellec
Xing Xiusong Mainland China and Hong Kong agree mutual interim measures to aid arbitral proceedings

China - Global Law Office

Authors: Xing Xiusong, Wang Heng, Xue Chunyu
Dimitri N Cocalis Comprehensive guidance for recognition and enforcement of foreign arbitral awards

Greece - Cocalis & Partners

Author: Dimitri N Cocalis
Frank Spoorenberg Award upheld despite violation of right to be heard

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini
Matej Kosalko Termination of contract does not terminate arbitration clause

Slovakia - Allen & Overy LLP

Author: Matej Kosalko
Anke C Sessler Is effective intra-EU investment protection ending?

European Union - Skadden Arps Slate Meagher & Flom LLP

Authors: Anke C Sessler, Max Stein
Jeroen Van Hezewijk The future is now (or is it?): net-ARB, Inc online award not recognised due to lack of due process

Netherlands - Freshfields Bruckhaus Deringer LLP

Authors: Jeroen Van Hezewijk, Sandra Coelen
Costanza Mariconda Supreme Court of Cassation rejects appeal of arbitral award for alleged violation of substantive rules

Italy - Mariconda e Associati Studio Legale

Author: Costanza Mariconda