Laws, treaties and soft law
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
Poland moves to exit ECT
The Polish government has prepared draft legislation to withdraw the country from the Energy Charter Treaty, citing the need to comply with EU law and a lack of progress in efforts to modernise the treaty.
02 September 2022
EU confirms arbitration carve-out in sanctions regime
Arbitral institutions have welcomed a clarification by the European Union that transactions with Russian state-owned entities are exempt from its sanctions regime where they are strictly necessary to ensure access to arbitral proceedings.
26 July 2022
Africa Arbitration Academy publishes model BIT
The Africa Arbitration Academy has published a model bilateral investment treaty for states on the continent, with a focus on innovation, sustainability and “Africanisation”.
26 July 2022
A look at ICSID’s new transparency rules
Gary Shaw of Pillsbury in Washington, DC, considers the recent amendments to ICSID’s transparency rules that took effect at the start of this month, arguing they provide greater access to arbitration while preserving party control.
13 July 2022
Reactions roll in to ECT modernisation
Practitioners have shared their insights with GAR after contracting parties to the Energy Charter Treaty agreed to a sweep of “modernisations”, including an option to withdraw protections for fossil fuel investments and amendments to prevent intra-EU claims.
29 June 2022
ECJ dismisses London award in oil spill saga
Following what is thought to be the last reference from an English court pre-Brexit, the European Court of Justice has ordered that an €855 million Spanish court judgment over an oil spill in the Atlantic must be enforced in England and denied the jurisdiction of a sole arbitrator who issued “irreconcilable” rulings years earlier.
24 June 2022
ECJ refuses to rule on ECT amendments
The European Court of Justice has declined Belgium’s request to rule on the compatibility of proposed amendments to the Energy Charter Treaty with EU law, saying said it would be “premature” to do so while changes are still being debated.
17 June 2022
US Supreme Court restricts discovery in foreign arbitrations
The US Supreme Court has issued a landmark ruling that parties cannot seek discovery for foreign commercial and investor-state arbitration in federal courts – bringing an end to a long-standing circuit split.
13 June 2022