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ASA Bulletin

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ASA Bulletin

Editors-in-Chief: Matthias Scherer and Catherine A. Kunz

  • Detailed practical analysis from one of the world’s most prestigious arbitration associations
  • In-depth commentary on recent Swiss and international arbitration decisions
  • Specifics of arbitral awards and orders under the Swiss Rules and other major arbitration centres


Latest issue

Vol. 42 (2024) Issue 4
The Bulletin in Brief (p. 728)
Matthias Scherer, Catherine A. Kunz
Challenging Investment Treaty Awards in Switzerland : Mission (Almost) Impossible? (p. 731)
Matthias Scherer, Catherine Anne Kunz, Laura Azaria

In the last five years, the Swiss Supreme Court has handled an increasing number of investment treaty cases. SCHERER / KUNZ / AZARIA report on the recent decisions by the Swiss Supreme Court involving bilateral treaty claims or claims unde...

When Claimants Can’t Pay: A new Approach to Security for Costs in Arbitration? (p. 767)
Loïc Stucki, Margaretha Schulz

A ground often invoked for security for costs in arbitral proceedings is the counterparty’s financial difficulties. Yet, a request on this ground is rarely successful because of one key requirement: That of a significant deterioration of f...

Arbitration Clauses in Articles of Associations of Companies Limited by Shares – Are They Arbitration Agreements in the Sense of the New York Convention? (p. 792)
Marco Stacher, Katharina Röhl

Recent Swiss legislation affirms that arbitration clauses in articles of association of capital companies are permissible for corporate-law disputes. As a rule, such clauses are inter alia binding on the company and its shareholders. Impor...



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