Laws, treaties and soft law

ICSID member states approve revamped rules

Member states of ICSID have approved long-awaited amendments to the centre’s rules for investment disputes, which promise to increase access, speed and transparency.

22 March 2022

German constitutional court upholds provisional application of CETA

Germany’s Federal Constitutional Court has rejected several challenges to the provisional application of a controversial free trade agreement between the EU and Canada.

16 March 2022

DIAC unveils rules amid continued uncertainty

The Dubai International Arbitration Centre has issued new rules and named the members of its new arbitration court, in the wake of a shock decree that makes it the principal arbitral institution in the emirate.

07 March 2022

The Escazú Agreement: internationalising environmental matters and sustainable rights

Meriam Nazih Al-Rashid, Kate Lomas and Angela Antoniou of Eversheds Sutherland report on a recently concluded Latin American regional treaty addressing environmental protections and the rights of environmental defenders, and providing for state-to-state arbitration over compliance with its terms.

15 February 2022

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

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