Laws, treaties and soft law

Honduras threatens to withdraw from ICSID

Honduras has threatened to withdraw from ICSID, alleging the centre has breached “law and procedure” in its administration of a US$11 billion treaty claim.

01 June 2023

Libyan refinery award upheld in Paris

The Paris Court of Appeal has upheld an ICC award in favour of Libya’s national oil company, rejecting arguments that tribunal chair Hilary Heilbron KC lacked impartiality because another barrister at her London chambers acted as counsel to Libya in a separate case.

31 May 2023

Luxembourg reforms arbitration law

Luxembourg’s parliament has passed new legislation to modernise the country’s arbitration law – granting extended powers to tribunals and limiting the grounds for setting aside awards.

05 May 2023

The High Seas Treaty: a further step in environmental protection

The United Nations has recently reached a historic agreement on environmental protection known as the High Seas Treaty. Meriam Al-Rashid and Kate Johnston of Eversheds Sutherland consider its key provisions and compare it with another important environmental treaty covering Latin America.

03 May 2023

Germany plans to reform arbitration law

Germany’s Federal Ministry of Justice has announced plans to reform the country’s arbitration law for the first time in 26 years.

21 April 2023

UK Law Commission heeds calls over Enka

The UK Law Commission has adopted proposed changes to the 1996 Arbitration Act in light of the UK Supreme Court decision in Enka v Chubb. Emilie Gonin and Andris Rudzitis of Brick Court Chambers in London, some members of which advocated for the changes at a conference last year, report.

17 April 2023

Revamping England's 1996 Act – the latest consultation paper

Neil Newing and Alasdair Marshall of Signature Litigation take a detailed look at the UK Law Commission's second consultation paper and the aspects of the 1996 Arbitration Act it will be further reviewing to solidify London's status as a leading destination within the global disputes market.

17 April 2023

US appeals court does U-turn over grounds for set-aside

In a decision that affects Miami and Atlanta as arbitral seats, a US federal appeals court has held that the grounds for setting aside New York Convention awards in US-seated arbitrations are found in domestic law rather than the convention – overruling its own precedents and aligning with four other US circuits.

14 April 2023

Denmark announces plans to exit ECT

Denmark has signalled its intent to withdraw from the Energy Charter Treaty over concerns it may hinder the transition to green energy, the latest EU member state to join the exodus.

14 April 2023

Albania threatens ICSID withdrawal as German investor brings new claim

A German shipping company has brought an ICSID claim against Albania, as the state threatens to withdraw from the centre’s jurisdiction after failing to reopen a €110 million award in a separate case.

13 April 2023

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