Laws, treaties and soft law

EU Commission launches infringement proceedings over intra-EU BITs

The European Commission has launched infringement proceedings against seven EU member states over their failure to terminate their intra-EU bilateral investment treaties, also threatening a potential ECJ case against one state.

03 December 2021

German Supreme Court upholds bar to intra-EU BIT claim

The German Supreme Court has refused to hear an appeal of a ruling that prevents an Austrian bank from pursuing an intra-EU BIT arbitration against Croatia in light of the Achmea decision.

03 December 2021

Law Commission to review UK's 1996 Act

The Law Commission of England and Wales has announced it will conduct a review of the 1996 Arbitration Act to ensure English law remains the “gold standard” for international arbitration.

30 November 2021

Double-hatting: prohibition or regulation?

Baiju Vasani and Julia Cayre of Ivanyan and Partners consider recent proposals to address “double-hatting” in investment arbitration and warn that prohibiting the practice entirely could create more problems than it solves.

18 November 2021

Third-party funding in India: principles and challenges

Shaneen Parikh and Anand Mohan of Cyril Amarchand Mangaldas consider third-party funding in India and the practical challenges it faces, while calling on the government to acknowledge its legality and make it available to litigants in the wake of covid-19.

16 November 2021

The art of attention: new approaches to witness evidence

One year after the ICC’s report on the accuracy of fact witness memory, Simon Hems and Chloe Steele of McGuireWoods consider what international arbitration practitioners can learn from recent changes to the way witness statements are prepared for litigation in England and Wales.

15 November 2021

UK bill proposes arbitration scheme for covid rent disputes

A newly published UK bill aims to establish a binding arbitration process for commercial landlords and tenants who fail to reach an agreement on rent arrears caused by coronavirus.

11 November 2021

Singapore considers conditional fee agreements

Singapore has tabled legislation to allow conditional fee agreements in international arbitrations and refine the scope of foreign lawyers’ involvement in proceedings in the city-state’s international commercial court.

09 November 2021

ECJ seeks to conquer new territories after Achmea

Tomas Vail of London boutique Vail Dispute Resolution considers the European Court of Justice’s recent ruling that the Energy Charter Treaty does not cover intra-EU investment disputes.

14 October 2021

Sanctions and anti-arbitration injunctions in Russia

Lawyers from Aitkulov & Partners report on a Russian Supreme Court case that may make it easier for Russian parties facing sanctions to obtain injunctions restraining arbitrations abroad.

05 October 2021

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