News
Die Themen
- Investment Arbitration
Dual Nationals and BIT Protection before the French Cour de cassation: Two Decisions, One Doctrinal Line (6 May 2026)
I. Introduction On 6 May 2026, the First Civil Chamber of the Cour de cassation delivered two judgments dealing with bilateral investment treaties (BITs) and investors with dual nationality: Both arose from annulment actions against jurisdictional awards in investment arbitrations seated in Paris. Both involved dual nationals or potentially dual nationals invoking BIT protection against […]
- Schiedsgerichtsbarkeit
ICC award set aside: Serious Irregularity and Missed Issues – Indus Powertech Inc v Echjay Industries Pvt Ltd [2026] EWHC 827 (Comm)
1. Introduction The decision in Indus Powertech Inc v Echjay Industries Private Limited [2026] EWHC 827 (Comm) addresses a challenge to an ICC arbitral award under section 68 of the Arbitration Act 1996. While reaffirming the high threshold and pro‑arbitration approach of the English courts, the judgment is an important illustration of how the English […]
ArbitrationEffects of ICC award nullified by contradicting Russian Lugovoy Law judgement
In its judgment of 27 April 2026, the Arbitrazh Court of the Murmansk Region (case no. A42-2551/2025) ordered T. AG (Germany) and AS L. (Latvia) to jointly compensate damages of EUR 8.8 million to ООО “MTP Lavna”. The court held that the defendants’ refusal to return advance payments—based on EU sanctions—constituted a tortious act under […]
- Arbitration
Sanctions vs. Enforcement: Limits and Lessons from the Swiss Federal Tribunal
This decision provides essential guidance on the interaction between sanctions law and private enforcement mechanisms in Switzerland.For this, the Federal Tribunal establishes three key principles: This judgment is highly significant, as it forms part of a body of international case law recognizing the relevant claim in itself, although payment of that claim is not currently […]
- Uncategorized
Panama Papers Reveal True Owner: Court Orders Return of $25M Modigliani
On 3 April 2026, a New York court ordered the return of a $25 million Modigliani painting looted during the Nazi era, bringing to an end an 11-year legal battle between the heirs of a Jewish art dealer and the prominent Nahmad art dealing family. In Greason v. Nahmad (2026 NY Slip Op 50461), the […]
- Allgemein
Digital Signatures on Arbitral Awards Suffice for Enforcement in Germany: New Ruling by the Bavarian Highest Regional Court
Image by Edar from Pixabay A. Introduction Can a foreign arbitral award signed exclusively by means of qualified electronic signatures be declared enforceable in Germany? The Bavarian Highest Regional Court (Bayerisches Oberstes Landesgericht, BayObLG) answered this question in the affirmative in a decision of 27 March 2026 (case no. 102 Sch 104/25 e). The Court […]
- Uncategorized
An Email can interrupt limitation of CMR-claims, but if the carrier agrees to provide original CMRs, it has to provide originals: Recent Guidance from the Munich Court of Appeal
A. Background of the Case The Higher Regional Court (OLG) Munich (judgement of 15 January 2026, case no. 14 U 3118/25 e) recently dealt with a dispute over freight remuneration for four international road transports carried out in late September and early October 2023. The carrier (plaintiff) had invoiced a total of EUR 8,040 to […]
