News & Analysis as of

Arbitration European Commission

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 -
A&O Shearman

Navigating the challenges in arbitrating competition law issues

A&O Shearman on

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

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As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT).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

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on Fee Changes at FINRA and a MiFID II COVID-19 "Quick Fix"

BROKER-DEALER - FINRA Amends Arbitration Codes to Increase Arbitrator Chairperson Fees and Certain Arbitration Fees - On February 12, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 21-04...more

K&L Gates LLP

Two Heads Are Better Than One: Double Hatting and Its Impact On Diversity In International Arbitration

K&L Gates LLP on

In recent years there has been increasing focus on arbitrators also acting as counsel, a practice known commonly as ‘double hatting’ or ‘dual hatting.’ This can result, for example, in arbitrators appearing as counsel before...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

Dechert LLP

Intra-EU Arbitral Award Enforced in the U.S. – Achmea Objection Dismissed by D.C. District Court for the First Time

Dechert LLP on

A federal court in Washington, D.C. has recognized and enforced a US$331 million arbitral award against Romania under an intra-EU BIT—notwithstanding the objection of the European Commission that the award is incompatible...more

A&O Shearman

Jurisdictional objections based on CJEU's Achmea judgment fail in Energy Charter Treaty arbitration

A&O Shearman on

ICSID tribunal retains jurisdiction, rejecting Germany and European Commission’s arguments that intra-EU arbitration under ECT incompatible with EU law - On 31 August 2018, the arbitral Tribunal hearing the claim by...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Financial Industry Developments - Class Action Against Lending Club and WebBank Headed to Defeat - On Monday, January 31, 2017, a federal district court in the Southern District of New York granted a motion to...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Financial Industry Developments - Class Action Against Lending Club and WebBank Headed to Defeat - On Monday, January 31, 2017, a federal district court in the Southern District of New York granted a motion to...more

Dechert LLP

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

Dechert LLP on

A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

Goodwin

Business Litigation Reporter - November 2016

Goodwin on

On June 12, 2016, the European Commission adopted a new framework for personal data transfers between the European Union (EU) and the United States (US), called the “Privacy Shield.” US companies doing business in Europe may...more

A&O Shearman

Romanian Legal Update: New Package Of Laws On Public Procurement And Concessions Enters Into Force In Romania

A&O Shearman on

Public procurement and concessions will be regulated by four new laws, namely (i) the public procurement law, (ii) the sectorial public procurement law, (iii) the concessions law and (iv) the law on remedies (the New Laws)....more

Morgan Lewis

Hague Convention Choice of Court Agreements to Take Effect in October

Morgan Lewis on

The Hague Convention could save time and expense on jurisdictional disputes and aims to streamline cross-border enforcement. On 11 June, the Latvian presidency, on behalf of 27 of the 28 European Union (EU) member...more

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