News

June 3, 2014

Arbitration Clauses in Derivatives Transactions

In the past, international derivatives transactions, for instance relating to stock options or future swaps, have in general been documented under framework agreements, in particular the so-called ISDA 1992 and 2002 Master Agreements.

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May 28, 2014

New LL.M. Programme International Dispute Resolution

Danube University Krems’ new LL.M. Programme “International Dispute Resolution” starts in March 2015. The four-semester master’s degree programme is postgradual, part time, and aims at lawyers from any jurisdictions.

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April 23, 2014

Austrian Supreme Court rules on the application of the consumer protection clause in shareholder disputes

Since the Austrian Arbitration Act 2006 entered into force, it has been widely disputed between legal scholars, whether and to what extent the consumer protection clause of the Act – which severely restricts the possibility of concluding arbitration agreements with consumers – also applies in…

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January 30, 2014

Austrian Supreme Court as competent body in setting aside proceedings

On 1 January 2014, the renewed Austrian Arbitration Law has come into force (SchiedsRÄG 2013) introducing major changes. The most significant and important amendment is the long anticipated shortening of the procedural levels for setting aside an arbitral award.

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December 16, 2013

Arbitration in Vienna: The Vienna Rules 2013 – Most Notable Changes

Effective 1 July 2013, the new Vienna Rules of Arbitration, presented by the Vienna International Arbitral Centre, have introduced amendments and additional provisions to the previous rules established in 2006. Adopted by the Extended Presiding Committee of the Austrian Federal Economic Chamber in…

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September 30, 2013

High Standards of Procedural Fairness vs. Judicial Review of the Merits of the Arbitral Award

Earlier this year, the Swiss Federal Supreme Court (the ″Supreme Court″) confirmed that, if an arbitral award has been issued that is entirely silent on elements which are apparently important for the decision on a dispute, it falls upon the arbitrator and the respondent in an action for annulment…

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March 7, 2013

Regulation (EU) No 1219/2012: Status of Extra-EU BITs Clarified

On 20 December 2012, the Regulation (EU) No 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing transitional arrangements for bilateral investment agreements between Member States and third countries (the “Regulation”) was published in the Official Journal of the…

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December 12, 2012

Irreconcilable Dispute Resolution Clauses

Party autonomy and the freedom to agree on jurisdiction constitute the very corner stones of arbitration as a dispute resolution method. However, in many instances, it is precisely the question of jurisdiction that adds an additional layer of controversy to arbitration proceedings. This is most…

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November 16, 2012

IBA Rules for Investor State Mediation

Investor-state disputes are on the rise. Since the late 1990s, the number of such disputes has increased sharply. By the end of 2011, 450 known cases were pending. Investor-state dispute settlement mechanisms allow foreign investors to challenge a wide range of governmental measures, and to sue host…

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August 28, 2012

Montenegro signs ICSID Convention

The signing ceremony which took place on 19 July 2012 was attended by Srdjan Darmanović, Ambassador of Montenegro to the United States and Marija Petrović, First Secretary of the Embassy of Montenegro to the United States and, on behalf of the Convention, by Meg Kinnear, Secretary-General of ICSID.

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November 14, 2011

Precedence in Investment Arbitration

In recent decades, investment arbitration has continued to be an expanding category of public international law. This growth is fueled by the fact that the law applied to international investment disputes is derived from numerous sources. Examples include bilateral investment treaties (“BITs”),…

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June 1, 2011

Revision of Arbitral Awards due to Newly Discovered Facts or Evidence: A Cyclist’s Tour de Suisse

In a judgment dated 6 October 2010, Bakker vs. Union Cycliste Internationale, the Federal Swiss Supreme Court (“Supreme Court”) refused to grant the revision of two arbitral awards rendered by the Court of Arbitration for Sport (“CAS”) involving a Dutch professional cyclist (“Applicant”). In the…

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