Swiss courts’ limited Review of international arbitration agreements

admin — Wed, 28 Nov 2012 07:28:56 +0000

The Swiss Supreme Court has ruled that Swiss courts reviewing international arbitration agreements as part of their own assessment of jurisdiction are to proceed with deference to the arbitration agreement, and must in general assume the widest possible subject-matter scope under the arbitration agreement. For a commentary on this decision see here.

When and How to Challenge an Arbitrator

admin — Fri, 15 Jun 2012 11:00:45 +0000

The question of when and how to challenge an arbitrator is one of almost unrivaled practical importance for parties and their counsel in international arbitration. This article, first published in the Bulletin of the Chinese Arbitration Association Taipei, provides a succinct analysis of the problem. Challenges article.

Swiss Rules of International Arbitration – 2012 Edition: An assessment

admin — Wed, 23 May 2012 08:33:38 +0000

A new version of the Swiss Rules of International Arbitration entered into force on 1 June 2012. This brief assessment seeks to familiarise arbitration users with the essential character of the Swiss Rules as incorporating best arbitration practice and uniquely facilitative of efficiency in arbitration procedures. Please see the assessment here.

EU and US Antitrust Arbitration: A Handbook for Practitioners, G. Blanke and Ph. Landolt, eds.

admin — Tue, 22 May 2012 10:18:24 +0000

EU and US Antitrust Arbitration is the first book that deals with how both of the world’s leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house “user” of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.

VOLUME 1.

Part I. General Chapter 1 Arbitrability of Antitrust Law from the European and US Perspectives Chapter 2 Arbitration Clauses and Competition Law Chapter 3 Arbitrating Competition Law Issues: The ArbitratorвЂ™s Perspective Chapter 4 Arbitrating Competition Law: The UserвЂ™s Perspective Chapter 5 Burden and Standard of Proof in Competition Law Matters Arising in International Arbitration Chapter 6 EC Competition Law Arguments in International Arbitration: Practical Steps and Strategic Considerations Chapter 7 The Use of Economic Evidence in Competition Law Arbitrations Chapter 8 Effective Use of Economic Experts in International Arbitration: CounselвЂ™s Role and Perspective Chapter 9 The Role of the Expert Witness in Antitrust Arbitrations Chapter 10 The Supranational Dimension of Arbitrating Competition Law Issues within the EU Part II EU Competition Law. Chapter 11 The Essentials of EU Competition Law for Arbitration Practitioners Chapter 12 Arbitration and EU Competition Law in the Post-Modernization Era Chapter 13 The Basis for Applying EC Competition Law from a Continental Perspective Chapter 14 The Basis for Applying Competition Law from an English LawPerspective Chapter 15 The Application of EC Competition Law in International Arbitration in Switzerland Chapter 16 The Ex Officio Application of European Competition Law by Arbitrators Chapter 17 Remedies in Arbitration for EU Competition Law Violations Chapter 18 Interim Measures in Competition Law Matters before Arbitrators Chapter 19 Provisional Measures Concerning Competition Law in International Arbitration Chapter 20 Authority and Influence in Arbitrations of Previous Decisions on EU Competition Law Chapter 21 Assistance by the European Commission and Member States Authorities in Arbitrations Chapter 22 Court Review of Competition Law Awards in Setting Aside and Enforcements Proceedings Chapter 23 EU Member State Court Application of Eco Swiss: Review of the Case Law and Future Prospects Chapter 24 EU Member State Court Experience in Applying EC Competition Law under Modernization Chapter 25 Parallel Proceedings before the Tribunal and the Courts/Competition Authorities Chapter 26 Arbitrating EC Competition Law in the Communications Sector in Europe Chapter 27 Arbitrating Competition Law Matters in Pharmaceutical Markets Chapter 28 Arbitrating EU State Aid Issues Chapter 29 Arbitrating Competition-Law-Related Issues under Articles 3(1)(b) TFEU, 4(3) TEU, and 106 TFEU Chapter 30 International Arbitration and ADR in Remedy Scenarios Arising under Articles 81 and 82 of the EC Treaty (101 and 102 TFEU) Chapter 31 Arbitration and Criminal Liability for Competition Law Violations in Europe.

VOLUME 2.

Part III US Antitrust Law. Chapter 32 The Essentials of US Antitrust Law for Arbitration Practitioners Chapter 33 The Basis for Applying Antitrust Law from a US Perspective Chapter 34 The Arbitration of Antitrust Class Actions under United States Law Chapter 35 The Ex Officio Application of US Antitrust Law by Arbitrators
Chapter 36 Remedies in Arbitration for US Antitrust Violations Chapter 37 Interim Measures in Antitrust Matters before Arbitrators Chapter 38 The Effect of a Government Judgment on Subsequent Private Antitrust Actions Chapter 39 US Enforcement Issues and US Antitrust Law Chapter 40 Parallel Proceedings before the Arbitral Tribunal and the Courts: Both a Challenge and an Opportunity Chapter 41 Arbitrating US Antitrust Law in Pharmaceuticals Markets Chapter 42 Alternative Dispute Resolution and Federal Trade Commission Antitrust Enforcement Chapter 43 Arbitration and Criminal Liability for US Antitrust Law Violations Chapter 44 Looking Ahead: Possible Rules to Enhance the Effectiveness of Arbitration of US Antitrust Claims Part IV Arbitration in Merger Control. Chapter 45 Essentials of EC Merger Control for Arbitration Practitioners Chapter 46 International Arbitration and ADR in Conditional EU Merger Clearance Decisions Chapter 47 Arbitration in Merger Control Remedies: Lessons from the Canadian Experience Chapter 48 Arbitration in US Antitrust Enforcement Chapter 49 ICC Antitrust Arbitrations Annex 1. Annex 2 Table of Cases. Table of Legislation.

December 2010, hardbound, 2 volumes
ISBN: 9789041127600
Price: EUR 250.00 / USD 330.00 / GBP 200.00

Available now at Kluwerlaw
Download PDF

First Swiss Annulment of International Arbitration Award on Substantive Basis

admin — Thu, 26 Apr 2012 06:54:53 +0000

The Swiss Supreme Court has handed down a judgment for the first time annulling an international award for incompatibility with substantive public policy. Please see our commentary here.

Vienna Arbitration Days 2012 – EU law and international arbitration

admin — Mon, 20 Feb 2012 15:06:06 +0000

On 17 February 2012 Phillip Landolt spoke about EU law and international arbitration at the Vienna Arbitration Days. To see Phillip’s slide presentation click here. To see the notes to Phillip’s presentation click here.

International Arbitration in Energy Markets

admin — Thu, 01 Dec 2011 12:03:30 +0000

Phillip Landolt spoke on “International Arbitration in Energy Markets” at the 5th annual St. Gallen International Energy Forum. Download the slides of Phillip’s presentation here.

Swiss Supreme Court Case 136 III 597

admin — Tue, 02 Aug 2011 13:51:41 +0000

Commentary and translation of the case in Christopher Koch’s publications

Geneva Global Arbitration Forum Dec. 9, 2010

admin — Mon, 13 Dec 2010 17:29:02 +0000

Christopher Koch speaks about the use of Dispute Boards in economic sectors other than construction. Use of DB in non construction projects

Landolt & Koch