This part of the topic index contains resources on multi- party arbitration. Please select the resource that you require by clicking on the relevant tab below.
This note describes the most significant features of the arbitral process in Germany, including the German law regarding arbitration agreements, the duties and powers of the tribunal, the role of state courts, and the challenge and enforcement of awards.
On April 18, 2012, Practical Law Company and Hughes Hubbard & Reed presented Class Action Waivers in Arbitration Agreements: Drafting Effective Clauses in the New Environment, a one-hour webinar on how to tailor contract language and address the changing legal landscape of class action arbitration. You can access the recorded webinar here (registration required to view recorded webinar). Click here to download webinar slides.
PD Dr. Nathalie Voser (Partner) and Anya George (Associate), Schellenberg Wittmer (Zurich) In a French-language decision of 19 April 2011, published on 16 May 2011, the Swiss Supreme Court upheld the decision of an arbitral tribunal which had found that it had jurisdiction to hear the claims of a third party beneficiary in relation to a dispute opposing promisor and promisee.
Abby Cohen Smutny (Partner) and Lee A. Steven (Counsel), White & Case LLP The Eighth Circuit has, for the first time, applied "alternative estoppel" to allow a non-signatory to an arbitration agreement to compel a signatory to arbitrate claims.
In Occidental Chartering Inc v Progress Bulk Carriers Ltd [2012] EWHC 3515 (Comm), the Commercial Court considered damages claims relating to the costs of arbitrations commenced under a string of contracts.
Mustafa Motiwala (Partner) and Priyanka Gandhi (Associate), Juris Corp The Supreme Court of India in a recent decision has distinguished between disputes that may be submitted to arbitration and disputes that may be decided by a public forum (in this instance, a mortgage suit).
In Cosco Bulk Carrier Co Ltd v Armada Shipping SA and another [2011] EWHC 216 (Ch) (11 February 2011), the High Court considered whether arbitration proceedings should be stayed under the Cross-Border Insolvency Regulations 2006 (SI 2006/1030) and whether Swiss main insolvency proceedings constituted the appropriate venue for deciding the underlying dispute.