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We need to talk about Achmea (again)

John Gaffney, senior counsel at Al Tamimi & Company in Abu Dhabi, revisits the issue of Achmea's effect on international commercial arbitrations involving the interpretation or application of EU law, noting that the recent opinion of Advocate General Szpunar in a case relating to the Energy Charter Treaty does nothing to dispel fears concerning their permissibility.

25 March 2021

Working from home creates cybersecurity headache

Cybersecurity risks in international arbitration have increased due to the pandemic, when working remotely from home has become the new normal, heard delegates at the latest Hong Kong Arbitration Week.

25 March 2021

India challenges Cairn’s billion-dollar tax award

India has reportedly applied to a Dutch court to set aside an investment treaty award requiring it to pay US$1.2 billion plus interest to Scotland’s Cairn Energy in compensation for a retroactive tax demand.

24 March 2021

Lebanese creditor seizes Congo oil revenues

A French court has confirmed that a Lebanese creditor seeking to enforce €1.4 billion worth of ICC awards against the Republic of the Congo can attach US$30 million in funds from the state’s national oil company.

24 March 2021

Introducing Mayer Greenberg

After five years of working together, leading international arbitrator Pierre Mayer has teamed up with rising practitioner Céline Greenberg – his tribunal secretary in numerous cases – to create a Paris-based boutique dedicated to arbitration and related court proceedings.

24 March 2021

Lévy Kaufmann-Kohler promotes

Michele Potestà, who has co-authored a series of prominent reports on investor-state dispute settlement reforms, has been made partner at Lévy Kaufmann-Kohler.

24 March 2021

IBA releases toolkit on insolvency and arbitration

The International Bar Association has released a toolkit providing guidance for when a party to an arbitration is subject to insolvency proceedings.

24 March 2021

Does India recognise emergency awards?

On the same day the Delhi High Court enforced a SIAC emergency arbitrator’s order restraining Amazon’s Indian business partner from proceeding with a US$3.4 billion asset sale, a panel at GAR Interactive India discussed the value of emergency relief in the jurisdiction.

24 March 2021

Clyde & Co to give up 1MDB-linked funds

Clyde & Co can release US$325 million held on behalf of an arbitration client to the High Court in London after a US federal court dismissed an arrest warrant targeting the funds.

24 March 2021

Swiss court rejects Spain’s challenge to solar award

A Swiss court has upheld a €91 million Energy Charter Treaty award in favour of a group of solar power investors against Spain despite the tribunal’s refusal to reconsider its jurisdiction in light of Achmea.

23 March 2021

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