News & Analysis as of

International Arbitration Dispute Resolution European Union

White & Case LLP

CJEU rules on Asymmetric Jurisdiction Clauses without closing uncertainty

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On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision (C-537/23) addressing the validity of asymmetric jurisdiction clauses under Article 25 of the Brussels Recast Regulation. While...more

A&O Shearman

Sports arbitration awards potentially open to review by EU courts – is commercial arbitration next

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In Seraing v FIFA e.a., Advocate General Capeta (AG) has taken the view that the principle of effective judicial protection means that EU Member State courts should be able to fully review the compliance of an award of the...more

A&O Shearman

Swedish Court requests ruling from CJEU on sanctions legislation

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The Swedish Court of Appeal (Court) has requested a preliminary ruling from the Court of Justice of the European Union (CJEU) to clarify the effect and scope of Russia-related sanctions. The anticipated ruling by the CJEU...more

McDermott Will & Emery

Navigating the UTPR and ISDS: Implications in the EU

The global tax landscape is experiencing a profound transformation as the OECD/G20’s Pillar Two rules are adopted. Among these, the Undertaxed Profits Rule (UTPR) has emerged as a pivotal mechanism designed to ensure that...more

A&O Shearman

Immunity objections to registration of ICSID awards rejected

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The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...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

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

White & Case LLP

Energy Transition and Investor-State Disputes

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Past and current investor-state disputes relating to the energy transition may provide valuable lessons for what lies ahead. The global energy sector is transitioning from fossil fuels to increased use of renewable energy....more

BCLP

Time to reconsider? Post-Brexit, now is a good opportunity for the finance sector to take a second look at the key benefits...

BCLP on

As we discussed in our It’s Good To Talk article as part of our Emerging Themes in Financial Regulation 2021 publication, many banks and financial institutions operating in the UK have historically tended to favour exclusive...more

Holland & Knight LLP

Brexit: Implications for Dispute Resolution

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Brexit has now well and truly arrived and brings with it changes to a number of important areas concerning cross-border litigation between the United Kingdom (UK) and the European Union (EU). Below is a brief summary of some...more

K&L Gates LLP

No-Deal Brexit for Dispute Resolution?

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Just days before the end of the Brexit transition period on 31 December 2020 a trade deal was agreed to between the United Kingdom (UK) and European Union (EU), saving the UK from many of the expected disruptions of a no-deal...more

Proskauer - Minding Your Business

UK Contract? Today is the Day to Review Your Dispute Resolution Provisions

Whether you are a regular user of arbitration, a default user of your local courts or pick and choose a forum depending on the deal, it always pays to take a cold look at those choices. Do they still work for you? Will they...more

K&L Gates LLP

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

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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

Akin Gump Strauss Hauer & Feld LLP

[Podcast] UK Dispute Resolution Post-Brexit

In this episode, Akin Gump litigation partner Mark Dawkins and senior counsel Sheena Buddhdev return to the studio to discuss U.K. dispute resolution in the wake of that country’s departure from the EU. Among the topics...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] Brexit and Dispute Resolution in the UK

In this episode, Akin Gump litigation partner Mark Dawkins and senior counsel Sheena Buddhdev discuss Brexit and its possible impact on international dispute resolution in the U.K. Among the topics covered: • Brexit state...more

WilmerHale

Chambers Global Practice Guide: Litigation - 2019

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International commerce is undergoing a period of rapid, sometimes tumultuous, change. Globalisation has created new markets, new technologies, new competition and, with them, increased demand for effective mechanisms to...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Insights: Brexit"

On June 23, the UK electorate took the historic decision to leave the European Union, a process that has never been undertaken by any member state. While the vote itself does not trigger the process of exit from a legal...more

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