Céline Barth

Background of the case A Geneva bank and a French borrower were parties to a credit agreement governed by Swiss law and containing an exclusive Geneva jurisdiction clause. In November 2020, the bank initiated proceedings before the Geneva courts by filing an application for protection in clear cases under Art. 257 CPC, seeking payment of approximately EUR 21 million.

ICC Arbitration Rules 2026: Key Updates The ICC has introduced its revised 2026 Arbitration Rules, effective from 1 June 2026, continuing its efforts to modernise arbitral proceedings. The new ICC Rules apply to all arbitrations commenced on or after that date, unless the parties agree otherwise. One of the most significant structural changes is the departure from the Terms of Reference, which are no longer mandatory.

Phenomenon of torpedo lawsuits Pendency (lis pendens) plays an important role in international civil procedure law. In principle, the court first seized in the matter has jurisdiction.The exact moment at which a lawsuit becomes pending may determine both the competent court and the substantive law that will apply. The relevant national law is decisive in determining the point in time for pendency.