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Arbitration & ADR

23 July 2020
Maciej Durbas Ready, set, off: Warsaw Court of Appeals confirms tribunal's jurisdiction over set-off claims

Poland - Kubas Kos Gałkowski

The issue of an arbitral tribunal's jurisdiction over set-off claims that are not covered by an arbitration agreement is controversial, with the rules differing from jurisdiction to jurisdiction. In a recent judgment, the Warsaw Court of Appeals held that even if a set-off claim is based on an agreement that is outside the scope of an arbitration agreement, the tribunal must determine the set-off's effects on the main claim raised in the proceedings.

Authors: Maciej Durbas, Rafał Kos
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Recent updates

William Leung Two instances in which statutory regime amounts to deference of arbitration

Hong Kong - William KW Leung & Co

Author: William Leung
Nandini Khaitan Patent illegality: Supreme Court travels a long road to tame a herd of unruly horses

India - Khaitan & Co

Authors: Nandini Khaitan, Shreya Singh
Nikolaus Pitkowitz Supreme Court scrutinises decision awarding costs to losing party

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

Author: Nikolaus Pitkowitz
Frank Spoorenberg First annulment of investment arbitration award by Supreme Court

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini
Marie Berard High Court rejects challenge to enforcement where defences were already raised before foreign court

United Kingdom - Clifford Chance

Authors: Marie Berard, Christina Cathey Schuetz

Upcoming event

GAR Live Singapore

1 September 2020 – Singapore

Returning for its sixth year, GAR Live Singapore will bring together leading arbitrators, representatives of institutions, expert witnesses and founders to address emerging developments in Singapore and beyond. Attendees will hear specific techniques and approaches for successfully mediating within investor-state arbitration, determine whether Singapore should be looking to innovate governing law, gain insight into cross-border award enforcement and join the GAR Live debate to decide whether Singapore International Arbitration Centre rules should provide parties with the opportunity to appeal on a point of law.

For more details please visit: