Laws, treaties and soft law
EU targets UK over Micula award
The European Commission has launched infringement proceedings against the UK over a decision by its Supreme Court allowing enforcement of a €178 million ICSID award against Romania.
10 February 2022
England's 1996 act – still best in class?
As the Law Commission of England and Wales undertakes a review of the 1996 English Arbitration Act, practitioners marked its 25th anniversary of coming into force, on 31 January 1997, with a discussion of whether it's still "best in class".
03 February 2022
ICSID calls for vote on rules revamp
ICSID has tabled a vote by member states on the modernisation of its rules for investment disputes, which could come into force later this year.
21 January 2022
Existence of sanctions justifies anti-arbitration injunctions in Russia
The Russian Supreme Court has ruled for the first time that sanctioned Russian parties need not prove that sanctions have actually impeded their access to justice to obtain an injunction restraining a foreign arbitration. Timur Aitkulov and Galina Valentirova of Aitkulov & Partners in Moscow report.
13 January 2022
Hong Kong urged to lift ban on success fees
The Law Reform Commission of Hong Kong has recommended that a ban on success fees in arbitration should be lifted to bring the special administrative region in line with other major arbitral seats.
15 December 2021
Rivkin unveils Town Elder rules
Debevoise & Plimpton partner David W Rivkin has unveiled new arbitration rules, the Town Elder rules, that involve a novel, decision-tree approach to arbitration – made possible by the use of new technology – and the resolution of matters on an issue-by-issue basis.
13 December 2021
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