Laws, treaties and soft law

France joins rush to exit ECT

France is the latest European country to announce it is pulling out of the Energy Charter Treaty because of environmental concerns, following similar moves by the Netherlands and Spain.

24 October 2022

Netherlands moves to quit Energy Charter Treaty

The Dutch government has followed Spain and Poland in announcing plans to withdraw from the Energy Charter Treaty, while other European states are reportedly considering abstaining from a vote next month on reforms to the treaty.

19 October 2022

If it ain’t broke, don’t fix it: the English Arbitration Act and confidentiality

Zoe O’Sullivan KC, barrister and arbitrator at Serle Court in London, argues that the Law Commission’s provisional conclusion not to adopt a statutory code of confidentiality in the English Arbitration Act is pragmatic and sensible.

18 October 2022

LCIA gets exemption from Russia and Belarus sanctions

The London Court of International Arbitration has been granted a general licence allowing it to process payments from parties subject to the UK’s recent financial sanctions against Russia and Belarus to cover their arbitration costs.

17 October 2022

Singapore's plans unmasked in interview with minister

On the day that Singaporeans were permitted to unmask inside for the first time since the pandemic, Lucy Reed interviewed Singapore's minister of home affairs and minister for law K Shanmugam SC about the city-state's future as a leading arbitration centre.

14 October 2022

Spain announces withdrawal from ECT

Spain says it is withdrawing from the Energy Charter Treaty because of climate concerns, a week after the lower chamber of Poland’s parliament voted near-unanimously to exit the treaty.

13 October 2022

“Zero legitimacy”: investment court under fire at ICCA

A session on ISDS reform at the ICCA Congress heard criticism of plans for a multilateral investment court and shed light on recent discussions at UNCITRAL, including a “rebellion” by some developed states against a proposal to curb double hatting.

26 September 2022

EU parliament calls for regulation of third-party funding

The European Parliament has called for regulation of third-party funders, including a potential 40% cap on their share of recovery, an obligation to pay adverse costs, and disclosure of funding agreements.

23 September 2022

Reforms proposed for England’s 1996 Act

Practitioners have been reacting to initial proposals by the Law Commission of England and Wales for reform of the Arbitration Act 1996, including on arbitrators’ duties of disclosure, summary disposal, jurisdictional challenges and emergency arbitration.

22 September 2022

German court declares ICSID claims inadmissible

UPDATED: A German court has declared that two ICSID claims brought by German energy companies against the Netherlands are inadmissible as they are incompatible with EU law.

07 September 2022

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