Sierra Leone became the 166th State Party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the “New York Convention” (the “Convention“), by depositing its instrument of accession to the UN Secretary General on 28 October 2020. The Convention will enter into force for Sierra Leone on 26 January […]
Reform of Swiss Arbitration Law – Key Changes and Developments
On 19 June 2020, the Swiss Parliament approved a long-awaited revision of Swiss Arbitration Law, expected to enter into force in early 2021. This is a welcome development, preserving and further strengthening Switzerland’s position as one of the most attractive venues for hosting international arbitrations, both ad hoc and institutional. International Arbitration in Switzerland is […]
Insolvency and Arbitration: What Issues Arise?
The economic disruption caused by the COVID-19 pandemic is expected to lead many corporations to insolvency, as well as trigger an increase in the number of commercial disputes. Consequently, it is likely businesses will have to face more arbitrations with insolvent entities, or arbitrations brought by bankruptcy trustees, when the right to maintain and dispose […]
UNCITRAL Drafts for a Convention on the Enforcement of Mediation Settlement Agreements and for a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation
The United Nations Commission on International Trade Law’s (“UNCITRAL”) Working Group II approved final drafts for a Convention on the Enforcement of Mediation Settlement Agreements (hereinafter “the draft Convention”) and for a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (hereinafter “the Mediation Model Law”). While these instruments need to […]
The Concept of Arbitrability in Arbitration
Arbitrability concerns whether a type of a dispute can or cannot be settled by arbitration. In practical terms, arbitrability answers the question of whether a subject matter of a claim is or not reserved to the sphere of domestic courts, under the provisions of national laws. If the dispute is not arbitrable, the arbitral tribunal […]