28. September 2016

Revision of an Award for Lack of Independence of an Arbitrator – an Invitation to the Law Maker

The decision of the Federal Supreme Court analysed in our arbitration newsletter covers actually two issues, namely (i) can a request for revision due to lack of independence of an arbitrator be based on facts which became known only after the award has been rendered and after the lapse of the 30 day time limit for commencing setting aside proceedings and (ii) are networks of law firms, as to the independence of an arbitrator being a partner in a law firm of such a network, to be qualified by their appearance or by their legal structure?

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