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Arbitration European Union

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
WilmerHale

D.C. Circuit Resolves District Court Split on the Enforcement of Intra-EU Investment-Treaty Awards in the United States

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In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more

Hogan Lovells

EU Member States reach agreement on ECT arbitration clause

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On 26 June 2024, 26 EU Member States and the EU signed a declaration regarding the non-applicability of the investor-state arbitration clause in the ECT intra-EU (Declaration). The Declaration also sought to disapply the...more

A&O Shearman

Arbitration clause triumphs over Russian court proceedings

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In the latest anti-suit case relating to Russia, the English High Court has made permanent an anti-suit injunction (ASI) and anti-enforcement injunction (AEI) preventing a Russian bank from pursuing litigation in Russia in...more

White & Case LLP

Charting a new course: proposed expedited dispute resolution procedures for CETA

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The European Commission recently proposed supplemental dispute resolution rules intended to facilitate small- and medium-sized enterprises' access to the investment court system envisaged in the EU's trade agreement with...more

Orrick, Herrington & Sutcliffe LLP

Climate Change Litigation on the Rise

The recent decision of the European Court of Human Rights (ECtHR) in the matter Verein Klimaseniorinnen and others v. Switzerland has attracted significant media interest. The judges found that Switzerland had not fulfilled...more

Morgan Lewis

Iliria S.R.L. v Albania: Landmark Decision Affirms Need for Timely Justice

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In a landmark decision rendered by the European Court of Human Rights (ECtHR), the recent case of Iliria S.R.L. v Albania underscores the imperative need for timely justice in matters of international arbitration in the...more

A&O Shearman

Navigating the challenges in arbitrating competition law issues

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Once considered non-arbitrable, competition law disputes between private parties are increasingly being resolved by arbitration. Even where competition law issues are not at the heart of the dispute, parties are becoming...more

Proskauer - Minding Your Business

UK Signs Hague 2019: New Clarity For Enforcement Of Choice Of Court Clauses In Finance Documents

Effective choice of court clauses (also known as jurisdiction clauses) are central to finance agreements. Reliable, certain process to enforce contractual obligations is essential for cross-border trade and finance...more

Proskauer - Minding Your Business

Exodus From The Energy Charter Treaty – What is Left of Europe’s Protections for Investors?

As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from...more

A&O Shearman

SGCA sets a limit on debtors invoking arbitration clauses to resist winding up applications

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In Founder Group (Hong Kong) Ltd v Singapore JHC Co Pte Ltd (2023), the Court of Appeal set limits on a debtor’s ability to resist a winding up application by pointing to an arbitration clause in the underlying agreement....more

White & Case LLP

Sport before the European Court of Justice – three decisions upholding the primacy of EU law also in the organization of sport

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On 21 December 2023, the European Court of Justice ("ECJ") issued three decisions in three separate cases concerning the discretionary power of sports federations to prevent alternative competitions and to otherwise impose...more

Conyers

Cayman Islands Litigation: The Rise of Alternative Dispute Resolution

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On 29 November 2023, the English Court of Appeal delivered an important judgment in Churchill v Merthyr Tydfil County Borough Council et al [2023] EWCA Civ 1416 (“Churchill”) which aligns with a wider trend in embracing a...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

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In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

White & Case LLP

Ask, and you shall receive – English Court of Appeal grants anti-suit injunction in support of foreign arbitration

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In Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144, the English Court of Appeal granted an anti-suit injunction to restrain Russian court proceedings brought in breach of an agreement to arbitrate in Paris,...more

Jenner & Block

English Courts Provide Guidance on Staying Court Proceedings in Favour of Arbitration

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English courts possess broad powers to ensure parties that agree to arbitrate are held to their agreement. This includes the ability to grant a stay of proceedings under s.9 of the Arbitration Act 1996 (“the AA 1996") if...more

A&O Shearman

Real-world disputes in the virtual world

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The laws that govern the metaverse are grounded in those of Planet Earth. Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. Where the difference lies is in their...more

Jenner & Block

Proposed Amendments to the English Arbitration Act

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The English Arbitration Act of 1996 is revered as underpinning the subsequent success of London as perhaps the world’s busiest arbitration venue. However, as the Act approaches its 30th anniversary, light touch reform is...more

White & Case LLP

Evolution, not revolution – the Law Commission recommends limited reforms to ensure that the Arbitration Act (1996) remains state...

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Time has been kind to the English Arbitration Act 1996. Although nearly 30 years old, it continues to function effectively and supports London's position as a global arbitration centre. Nonetheless, in 2021, the UK Government...more

Jenner & Block

English Court Thwarts Spain’s Latest Attempt to Resist Enforcement of ECT Awards

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Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more

K&L Gates LLP

New Arbitration Law in Luxembourg

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On 23 March 2023, the Luxembourg Parliament voted to modernize and update the arbitration law, applicable to arbitrations seated in Luxembourg. The long-awaited new law entered into force on 25 April 2023 (the New Arbitration...more

Cooley LLP

EU Plans To Regulate Third-Party Funding in Litigation and International Arbitration

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On 13th September 2022, the EU Parliament voted to approve a resolution proposing a directive (the “Directive”) on the regulation of third-party funding entitled “Responsible private funding of litigation”. If adopted in its...more

ArentFox Schiff

EU Parliament Voted To Regulate Third-Party Funding

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On September 13, 2022, the European Parliament approved a report by its committee on legal affairs that calls for the introduction of a new regulatory framework to prevent abuses that may be caused by third-party-funded...more

White & Case LLP

Energy Transition and the Modernized Energy Charter Treaty

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In June 2022, the Contracting Parties to the Energy Charter Treaty ("ECT") announced an agreement in principle on the text of a modernized treaty. This modernization may have material consequences for state regulation and...more

White & Case LLP

Aviation Arbitration Center with Global Reach Launches In The Hague

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A new court of arbitration and center for mediation for the global aviation sector has been established in The Hague, a longstanding seat of arbitration and international dispute resolution, including the Permanent Court of...more

Latham & Watkins LLP

Green Power and the Protections of Intra-EU Energy Investment

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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

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