Swiss Supreme Court Redefines Parties’ Duty to Investigate Arbitrators’ Impartiality and Independence

The Swiss Federal Supreme Court’s recent decision underscores a pivotal issue in international arbitration: the parties’ duty to investigate the impartiality and independence of arbitrators. The case centered on a challenge to an arbitral award on the grounds that one arbitrator had previously represented the opposing party in unrelated proceedings in England.

Why parties should specify the governing law of their arbitration agreement

The arbitration agreement within a contract is a contract in its own right, collateral to the main contract. The law governing the arbitration agreement covers substantive matters relating to the agreement to arbitrate, for example, the interpretation, scope and validity of the agreement to arbitrate.

The Authority of Arbitrators Regarding Execution Proceedings

Under Turkish law, if a creditor files a claim before an execution office when their receivable is not based on a court judgment or a pledge, the execution office will send a payment order to the debtor. If the debtor files an objection with the execution office, the creditor will be compelled to file legal action against the debtor in order to vacate the objection, with the view of proceeding with the execution proceedings once the objection is vacated.

Constitutional Court’s Decision re Social Media Posts

How free are we on social media? How do our posts affect our professional business life? A striking decision of the Turkish Constitutional Court enlightened the answer to these questions.

Another Landmark & Pro-Arbitration Ruling from the Court of Appeal

Last year, the Court of Appeal (“Court”) handed down a landmark decision in a claim related to the setting-aside of an arbitral award, where the question was whether it was the arbitration institution (in this case, the ICC) or the Turkish courts, which were competent to extend the time-limit of the arbitral proceedings.

Can a court disregard a previous court judgment:

Justice is the cornerstone of societies and ensuring justice starts with protecting the right of access to the courts. However, sometimes, even seemingly final court decisions may be disregarded in the event of a violation of the right of access to the courts.

Non-Exclusive Arbitration Agreements

As the validity of an arbitration agreement is a complex and multifaceted topic that requires an extensive and thorough analysis, we focus on what makes an arbitration agreement non-exclusive and the validity of such agreements according to the Turkish case-law.

Landmark Decision

The Court of Appeal (“Court”) handed down a landmark decision in a claim requesting the court to set-aside an arbitral award.

CJEU’s Amazon Decision

The Court of Justice of the European Union (CJEU) issued a preliminary ruling against Amazon, which leads to the liability of intermediary service providers for online services for trademark infringement taking place on their platforms..

New ICSID Rules

The fourth amendment to the ICSID rules entered into force on July 1, 2022..