Arbitration & ADR updates

Austria

Contributed by Graf & Pitkowitz Rechtsanwalte GmbH
Supreme Court specifies reasoning standards for awards
  • Austria
  • 08 October 2020

Under longstanding Supreme Court case law, defective reasoning did not previously constitute a severe enough violation of procedural public policy to set aside an award. However, in recent years, the court has reversed this trend and repeatedly held that non-adherence to certain reasoning standards in arbitral awards can be a ground to set aside an award. In a recent decision, the Supreme Court has provided further guidance on the required reasoning standards for awards.

Supreme Court scrutinises decision awarding costs to losing party
  • Austria
  • 16 July 2020

The Supreme Court recently considered whether a final arbitral award on the reimbursement of costs violated Austrian public policy. The claimant had ultimately succeeded in the arbitration conducted under the rules of the International Court of Arbitration of the International Chamber of Commerce. Nevertheless, the cost decision ordered it to reimburse the respondent's costs. The Supreme Court dismissed the claimant's request to set aside the cost decision.

Supreme Court takes strict stance on conflict of interest
  • Austria
  • 16 January 2020

The Supreme Court recently considered whether the fact that an arbitrator and a party counsel in one arbitration acted as co-counsel in another unrelated arbitration cast doubt on the arbitrator's independence and impartiality and thus disqualified him from acting as arbitrator in the arbitration under review. In its decision, the court correctly acknowledged the reality of the Austrian arbitration scene, which results in frequent contact between practitioners.

Supreme Court evaluates hybrid arbitration agreement
  • Austria
  • 18 July 2019

The Supreme Court recently considered the validity of a hybrid arbitration agreement which provided for the formation of a tribunal under the International Chamber of Commerce Rules of Arbitration to arbitrate at the Vienna International Arbitral Centre. In this context, the court also considered the consequences of violating procedural rules agreed by the parties and the tribunal's failure to issue a reasoned award.

Counsel beware when submitting unspecified notices of arbitration
  • Austria
  • 19 July 2018

The Supreme Court recently considered whether a rather brief and general notice of arbitration in ad hoc proceedings containing a nomination had properly initiated the arbitration proceedings and was thus sufficient grounds to request the Supreme Court to appoint an arbitrator, following the respondents' refusal to nominate one. The decision is a soft reminder for counsel that sending out incomplete notices of arbitration or nomination requests can be a time-consuming and costly endeavour.


Bahamas

Supreme Court identifies its jurisdictional limits to assist in trust arbitration proceedings
  • Bahamas
  • 05 September 2019

The Supreme Court recently clarified its jurisdictional limits to assist in trust-related arbitrations, ruling that it has no such jurisdiction to allow service outside an action's jurisdiction. Given this ruling, parties to trust arbitration agreements must be cognisant that, notwithstanding whether their trust deeds provide for the seat of any arbitration to be The Bahamas, the court can provide only limited assistance where the arbitration is not held and the parties or assets are not in The Bahamas.


Belize

International arbitration: outlook
Courtenay Coye LLP
  • Belize
  • 05 March 2020

Foreign arbitration is seen as an alternative method of dispute resolution that may be preferred to litigation. However, Belize case law has identified the difficulties that might be encountered by an award holder in attempting to enforce an award. It is also arguable that the option of foreign arbitration has been undermined by the passing of the Crown Proceedings (Amendment) Act and the Central Bank of Belize (International Immunities) Act 2017.

International arbitration: local court developments
Courtenay Coye LLP
  • Belize
  • 27 February 2020

Arbitration in Belize is governed by the Arbitration Act. As the act was last amended in 1980 (1980 Ordinance), it has become somewhat outdated. However, the 1980 Ordinance assisted in Belize's assimilation of a modern arbitration enforcement regime by incorporating the New York Convention into domestic law. This article looks at recent arbitration developments in the local courts, including cases concerning qualifications of or challenges to arbitrators and investor-state disputes.

International arbitration: key legislative developments
Courtenay Coye LLP
  • Belize
  • 20 February 2020

Arbitration in Belize is governed by the Arbitration Act. As the act was last amended in 1980, it has become somewhat outdated. However, these amendments assisted in Belize's assimilation of a modern arbitration enforcement regime by incorporating the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 into domestic law. In 2017 legislation was enacted that has directly affected the enforcement of foreign arbitral awards in Belize and abroad.


Bermuda

Enforcement of foreign arbitral awards
  • Bermuda
  • 10 October 2019

A recent Supreme Court judgment has once again confirmed Bermuda's status as a sophisticated, arbitration-friendly jurisdiction. It is a classic example of the Bermuda courts' robust approach when asked to enforce foreign arbitral awards against award debtors in Bermuda, even in circumstances where the award in question is being challenged by the award debtor in the courts of the seat, or legal place, of the arbitration.


Brazil

CAM-CCBC settles 20-year dispute over largest container port in South America
  • Brazil
  • 11 April 2019

A recent decision rendered by an arbitral tribunal constituted under the Centre for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada has ended a 20-year dispute over the largest container port in South America. The outcome of this arbitration is positive, as it demonstrates that Brazil's arbitral framework is well established and well functioning – even in disputes involving public administration.

CAM-CCBC award set aside due to alleged irregularities in arbitrators' appointments
  • Brazil
  • 31 January 2019

The Superior Court of Justice recently upheld a Sao Paulo State Appellate Court decision which had set aside an arbitral award due to alleged irregularities during the formation of the arbitral tribunal in the context of a multi-party dispute. The Superior Court of Justice's decision confirms the appellate court's opinion that the proceeding which had been adopted to form the arbitral tribunal contravened public policy.

Superior Court of Justice recognises competence of arbitral tribunal in biggest recovery case
  • Brazil
  • 13 December 2018

The Superior Court of Justice recently confirmed the jurisdiction of an arbitral tribunal constituted before the Market Arbitration Chamber to render a decision connected to a company that had filed a lawsuit for a recovery plan before the competent court of law. In addition to taking a pro-arbitral stance on an important national case, this decision reinforces the jurisdictional nature of arbitration and solidifies the case law on conflicts of competence.

Superior Court of Justice rules on arbitration and piercing of corporate veil
  • Brazil
  • 25 October 2018

A recent Superior Court of Justice decision has broadened the interpretation of consent to an arbitration agreement to include economic groups, which could – by implication – pierce the corporate veil in such cases and extend arbitral jurisdiction to non-signatory parties. The decision sets a precedent for this issue and will serve as a parameter for future decisions by both the lower courts and the Superior Court of Justice.