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Green Power and the Protections of Intra-EU Energy Investment

The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

A New Chapter for ICSID: 4 Key Amendments to the ICSID Rules

ICSID Member States approve long-awaited update to ICSID rules and regulations. On 21 March 2022, the International Centre for Settlement of Investment Disputes (ICSID) Member States approved a long-awaited update to the...more

Taking Stock of Hong Kong as an Arbitral Seat

Counsel and arbitrators give their take on why Hong Kong remains a world class arbitral seat of choice. Key Points: ..Hong Kong courts continue to be independent and take a pro-arbitration and pro-enforcement approach...more

Successfully Tackling LIBOR Phase-Out in International Arbitration

The discontinuation of LIBOR in 2022 may pose a risk to arbitration proceedings. Preparation is key to a smooth transition. Key Points: ..LIBOR, which is widely used in financial transactions and is embedded in many...more

European Court of Justice Rules on Intra-EU Bilateral Investment Treaty

CJEU ruling on the incompatibility of a BIT provision with EU law may have implications for existing intra-EU BITs. Key Points: ..The CJEU’s decision differs from Advocate-General Melchior Wathelet’s 2017 Opinion and...more

Top 10 Strategic Considerations When Drafting Dispute Resolution Clauses in Cross-Border Contracts

Parties to the growing number of cross-border transactions should anticipate the inevitable cross-border disputes and specify the methods for dispute resolution in advance. International arbitration offers two key...more

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