Regular readers of this blog may recall that I anaylzed the first set of arbitrator data made available by the ICC at the Kluwer Arbitration Blog back in September 2016. That post contained a chapter with a catchy but slightly misleading headline: “Everything You Always Wanted to Know About Sex (But Only Now Are Able To Ask)”. Later, I reported on the German Arbitration Institute (DIS) gender balance statistics when they first came out in 2017. These posts obviously did not go (much) beyond the numbers. Digging deeper is what the title of this upcoming event promises to do, so I am happy to advertise this half-day conference organized by Arbitral Women and supported by DIS in Munich next month. Klick here for details.
Category: International Arbitration
Case of the Week: When is the Right Time for a Court Review of Arbitrator Appointments?
In arbitral proceedings, the jurisdiction of the state courts is limited (Section 1026 Code of Civil Procedure; Zivilprozessordnung, ZPO). On the one hand, while the arbitral proceedings are ongoing, the courts have powers to assist during the arbitral proceedings by deciding on the appointment and the challenge of arbitrators (Sec 1035 to 1039 ZPO). They can also to step in where the arbitral tribunal lacks jurisdiction and support the taking of evidence (Section 1050 ZPO). On the other hand, the state courts are competent to review the legality of the arbitral proceedings and the award once the proceedings have been concluded (Section 1059 ZPO).
The issue before the Munich Court of Appeals (Oberlandesgericht) earlier this year was whether a dispute between parties to an arbitration about the effectiveness of an arbitrator’s appointment can be decided during the arbitral proceedings on the basis of Sec 1035 para. 4 ZPO, or whether such a decision has to wait until the arbitral proceedings have been concluded and an award has been made.
International Comparative Legal Guide to International Arbitration
Donata von Enzberg and I have authored the German chapter in the ICLG International Arbitration 2019. The guide covers common issues in international arbitration laws and regulations – including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures – in 52 jurisdictions,
We still have some hard copies to give away – if you are interested, let me know and we will ship a copy to you, while stocks last. Read More
15th Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration, 12 November 2019
The Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration is taking place on 12 November 2019 and celebrating its 15th anniversary. As always, the event is organized by Alfred Escher and Jan Schäfer – congratulations!
The litigators are discussing the establishment of International Commercial Courts (for example at next week’s IBA Conference in Milan), and the investment arbitration community ponders the establishment of a Multilateral Investment Court (MIC). Just a coincidence? The MIC is on the agenda, as are human rights, and – almost inevitably – Brexit. Here’s a link to the full programme: Gesprächskreis Investitionsrecht und -schiedsgerichtsbarkeit 2019.