Laws, treaties and soft law

Brick Court puts focus on Enka

This year’s Brick Court Chambers annual conference was devoted to the reform of the 1996 Arbitration Act with particular attention to changes needed in light of the UK Supreme Court decision in Enka v Chubb. A team from Brick Court reports.

28 November 2022

‘Evolution’ not ‘Revolution’: BCLP survey examines England’s 1996 Act

The latest Bryan Cave Leighton Paisner survey has found that most arbitration practitioners are satisfied with the 1996 English Arbitration Act – despite noting that there is still significant scope for reform.

28 November 2022

EU parliament calls for ECT withdrawal

The European Parliament has called for the EU to exit the “outdated” Energy Charter Treaty – as the ECT’s signatories delay a vote on amendments to the treaty until at least April next year.

24 November 2022

Shell sees off award challenge in Nigerian loan dispute

A London court has upheld a pair of awards against a Nigerian oil and gas producer in an ICC dispute over loans worth US$2 billion, ruling that a Shell subsidiary had not waived its unilateral option to bring an arbitration.

23 November 2022

ECT parties delay vote on treaty reform

Contracting parties to the Energy Charter Treaty have delayed a vote that was due to take place today on whether to adopt a modernised version of the controversial treaty – after EU member states failed to agree on whether to support the reforms.

22 November 2022

Ireland’s Achmea moment?

The Irish Supreme Court has ruled that ratifying the EU-Canada trade agreement known as CETA would breach the country’s constitution by infringing juridical sovereignty – a move that commentators have called “Ireland’s Achmea moment”.

22 November 2022

Luxembourg at ECT exit door

Luxembourg has decided to withdraw from the Energy Charter Treaty – becoming the seventh European state to make similar moves in recent weeks.

18 November 2022

European exodus from the ECT: politics and unintended consequences

Guillermo Garcia-Perrote and Ella Wisniewski of Herbert Smith Freehills in Australia consider the politics and unintended consequences of the recent exodus of European states from the Energy Charter Treaty and ask what it means for the transition from fossil fuel. 

15 November 2022

Germany latest to quit ECT

Germany’s ruling coalition has decided to withdraw the country from the Energy Charter Treaty, while saying it will ratify the EU-Canada trade agreement known as CETA.

11 November 2022

Slovenia joins European exodus from ECT

Slovenia has become the latest EU member state to announce it is withdrawing from the Energy Charter Treaty, as Switzerland confirms it will vote to adopt modernisations to the treaty.

10 November 2022

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