News
Our Topics
ArbitrationExtension of arbitration clauses to third parties
The extension of arbitration clauses to third parties, especially parent or affiliated companies, is a kind of “french speciality”. Since the “dow chemical” decision in 1982 which is often quoted to have established a “group of companies” approach in arbitration, there are a number of decisions that extended arbitration clauses to non-signatories of the arbitration […]
ArbitrationFraud via GAFTA-Arbitration
Internet fraud is a very common and presumably profitable business. We have come across a number of schemes over the years, the most common one being the interception of communication and the exchange of payment details in invoices, so that the payment is diverted to a third party who then cannot be traced.Recently, we came […]
Recognition of foreign decisionsMoscow Arbitrazh Court recognised and enforced Belgian state court decision.
With a judgement of 14.12.2020 (court case number A40-111764/20) the Arbitrazh Court of Moscow recognised and declared enforceable a decision of an Antwerp court.
ArbitrationRussian Cassation Court of North-Western Region orders first instance court to undertake a révision au fond
Just a few days ago, we published a post with an optimistic outlook on Russian court practice in respect of recognition and enforcement of foreign arbitral awards in Russia. I called this the light at the end of the tunnel out of Russian court’s rather hostile attitude towards arbitration.Now the Arbitrage Court of the Northwestern […]
Maritime IndustryChittagong scrap yard: The last shipowner is responsible for the working conditions (?)
©evankrause_-Unsplash.com Background The English High Court, by order of 13 July 2020 ([2020] EWHC 1846 (QB) – Hamida Begum vs. Maran (UK) Ltd), allowed a lawsuit by which the widow of a worker who died in a fatal accident at a scrap yard in Bangladesh sued the last shipowner of a tanker sold for scrapping […]
- Arbitration
Whether a shipper can be dragged into arbitration by another shipper on the same vessel
The Higher Regional Court of Hamburg (OLG Hamburg) ruled whether a shipper is a “protected party” under the arbitration agreement concluded between the carrier and another shipper. Other than in the order of the same court of 23 May 2019 (6 Sch 1/19 – see here: https://kdb.legal/en/a-third-party-may-rely-on-an-arbitration-clause-contained-in-a-contract-with-protective-effect-for-that-third-party/ the OLG ruled that the packaging obligations in […]
- Arbitration
A third party may rely on an arbitration clause contained in a contract with protective effect for that third party
In a (yet unpublished) decision of 23 May 2019, the Higher Regional Court of Hamburg established the criteria, when a third-party can rely on arbitration clauses. By this decision, the Higher Regional Court extended the third-party-effect of arbitration clauses not only to beneficiaries (“Vertrag zu Gunsten Dritter”) but as well to third-parties who are just […]
