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Commercial Arbitration

THE NETHERLANDS: Signing an arbitration clause while a company is under formation

Premium article - 20 July 2009

A director, who was pulled into arbitration against his company as a result of a mix up when signing a document, has persuaded a court to annul the award against him. By Thabiso van den Bosch (partner) of Conway & Partners

SPAIN: New rules, a themed conference and Spanish-language moot - a trio of developments

Premium article - 20 July 2009

Cristian Conejero Roos (counsel) of Cuatrecasas in Paris reviews the new arbitration rules in Madrid, and reports on some upcoming events.

SWITZERLAND: Swiss Supreme Court extends ICC clause to non-parties at respondent's request

Premium article - 20 July 2009

A recent Supreme Court decision has made the ICC's "ginger" approach on joinder unsustainable, at least in cases seated in Switzerland. Phillip Landolt (partner) of Charles Russell LLP in Geneva explains and argues that the Swiss approach makes more sense from a policy standpoint

UK: "Serious irregularity or simply wrong?" - the disconcerting implications of Metropolitan Property Realizations

Premium article - 20 July 2009

In a worrying development, the English High Court may have expanded the scope of a section 68 review, a mandatory provision of the English Arbitration Act 1996. Ben Holland (partner) and Adam Berry (associate) at CMS Cameron McKenna LLP in London report

UK: UK judges and parallel proceedings: Gloster J's response to West Tankers in National Navigation

Premium article - 20 July 2009

A UK judge recently found she wasn't bound by a Spanish court decision on the validity of an arbitration clause. Maurice Kenton and Jane Ballantyne of Barlow Lyde & Gilbert LLP report on her reasoning and the wider issues

Freshfields and Perkins Coie team up for satellite arbitrations

Premium article - 13 May 2009

Western US firm Perkins Coie and Freshfields Bruckhaus Deringer have been appearing as co-counsel for Boeing in two cases that highlight the role the US government plays in satellite-related arbitrations.

Griffith to chair hotel claim against Ukraine

Premium article - 13 May 2009

Gavan Griffith will chair an ICSID arbitration against Ukraine over a US-Ukraine hotel joint venture, with Philippe Sands and Donald McRae as co-arbitrators.

UK court rejects Indian party's West Tankers argument

Premium article - 08 May 2009

An English court has issued an anti-suit injunction against an Indian party to support an arbitration, dismissing an argument that it should not so following the European Court of Justice ruling in West Tankers.

Areva-Siemens joint venture ends in arbitration

Premium article - 08 May 2009

Gide Loyrette Nouel in Paris and Bär & Karrer in Zurich are advising France's state-run nuclear company Areva in a claim against Siemens over the collapse of a joint venture to build and equip nuclear power plants.

Dutch court criticises Russian annulment decision

Premium article - 08 May 2009

The Court of Appeal in Amsterdam has refused to accept an annulment decision issued in Russia, saying that Russian courts are "not independent or impartial" in most instances.