The Paris Court of First Instance recently addressed the interesting claim that an arbitral institution should be held liable for the conduct of the arbitration and awards that have been set aside in another country. The arbitration at issue was conducted under the ICC Rules of Arbitration. The dispute involved a long-term supply agreement between a Dutch supplier and a French buyer. The Higher Regional Court of Frankfurt recently held that, in cases where an arbitral tribunal bifurcates arbitral proceedings into separate liability and quantum phases, a partial award on liability cannot be challenged in German courts until the tribunal issues the final award on quantum. In Anders Jilken v Ericsson AB, the Swedish Supreme Court reversed the decision of the Svea Court of Appeal and set aside an arbitral award because of circumstances that could give rise to justifiable doubts concerning the impartiality of the tribunal chairman.
Pages to are hidden for
"What s New in European Arbitration"Please download to view full document