What's New in European Arbitration?
Dispute Resolution Journal › Vol. 63 Nbr. 4, November 2008
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Summary
The English Court of Appeal has recently considered whether the High Court has jurisdiction to grant a "freezing injunction" in aid of attachment proceedings in another jurisdiction that were commenced in aid of an international investment arbitration. The court further considered whether a state is immune from interim proceedings seeking to freeze its assets. In Germany, on May 21, 2008, the Federal Court of Justice confirmed a 2007 decision of the Higher Regional Court of Dresden refusing to recognize a foreign arbitral award that was set aside in Minsk, Belarus, the place of arbitration. This case signals that when a court at the place of arbitration sets aside an arbitral award on the basis that the applicable arbitration rules have been violated, the German courts will refuse to recognize and enforce the award, provided that the setting aside is in line with fundamental principles of the German legal system.
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Extract
What's New in European Arbitration?
Recent Decisions by National Courts
England. The English Court of Appeal has recently considered whether the High Court has jurisdiction to grant a "freezing injunction" in aid of attachment proceedings in another jurisdiction that were commenced in aid of an international investment arbitration. The court further considered whether a state is immune from interim proceedings seeking to freeze its assets (E.T.I. Euro Telecom International N.V. v Republic of Bolivia, Empresa Nacional de Telecomunicaciones Entel S.A [2008] EWCA Civ 880).The dispute related to the investment of Euro Telecom International (ETI), a Dutch corporation, in Empresa Nacional de Telecomunicaciones Entel S.A. (Entel), a Bolivian telecommunications company...See the full content of this document
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