Laws, treaties and soft law

New treaty spells end of intra-EU BITs

Two years after the Achmea ruling, a majority of EU member states have signed an agreement to terminate their intra-EU bilateral investment treaties, in what has been called the end of an era for investor-state arbitration in Europe.

06 May 2020

ICSID and UNCITRAL unveil draft conduct code

ICSID and UNCITRAL have released a long-awaited draft code of conduct for adjudicators in investment disputes – including proposals on double hatting, limitations on the number of cases that can be heard simultaneously and sanctions for unethical behaviour.

01 May 2020

Which law governs the arbitration agreement?

Ben Hornan, Jerome Finnis and Charlie Howell of Hogan Lovells in London consider the implications of the English Court of Appeal’s recent decision in Kabab-Ji v Kout for the question of which law governs an arbitration agreement.

27 February 2020

Tanzania proposes arbitration reforms amid investor backlash

The government of Tanzania has proposed a number of long-awaited reforms to its arbitration act, including the creation of a new arbitral institution – as the country responds to an investor backlash to its regulatory regime that has led to several investment treaty claims.

12 February 2020

Peru passes arbitration reform in wake of corruption scandal

As the international fallout from the Odebrecht corruption scandal continues, Peru has made several reforms to its arbitration law with the aim of increasing transparency for disputes involving state entities – drawing criticism from practitioners in the region who say the measures are ill-conceived.

28 January 2020

Working group releases cybersecurity protocol

A working group made up of representatives of ICCA, the International Institute for Conflict Prevention and Resolution Institute and the New York City Bar Association has released a cybersecurity protocol for international arbitration.

22 November 2019

Hong Kong to consider success fees in arbitration

Hong Kong's Law Reform Commission is to consider whether lawyers should be permitted to charge success fees for arbitrations seated there.

29 October 2019

Papua New Guinea accedes to New York Convention

Papua New Guinea has become the 160th state to accede to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as work on new international arbitration legislation continues.

19 July 2019

Indian reforms under scrutiny at GAR Live Mumbai

A panel at the inaugural GAR Live Mumbai considered proposed reforms to India’s arbitration law, including controversial provisions for a regulatory body with the power to grade institutions and new qualification requirements for arbitrators.

08 July 2019

Singapore seeks public input on law reform

The Singapore ministry of law has opened a public consultation on proposed amendments to the country’s international arbitration statute, including the possibility of appeals on questions of law, enforcement of confidentiality obligations and waiver of annulment grounds.

26 June 2019

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