In early September 2020, the United Kingdom (‘UK’) Secretary of State for Northern Ireland, Brandon Lewis, conceded in no uncertain terms that the UK Internal Market Bill would violate public…
The European Commission ("EC") has recently taken another step in its efforts to replace the traditional investor-state-dispute-settlement ("ISDS") mechanism which underlies the approximately 1,400…
The decisive underlying reasoning (motifs, Begründung) is, without doubt, an essential part of any arbitral award and as such bears the potential of frustrating parties and arbitrators alike. On the…
Currently, around 190 bilateral investment treaties between EU Member States ("intra-EU BITs") are still in force. Most of these intra EU-BITs were concluded in the 1990s. Prior to the two…
Arbitration has long been the favorite of the ADR family. Mediation, however, has established an increasingly relevant position for itself when it comes to resolving (international) commercial…
One of the main advantages of arbitration vis-à-vis state court litigation, is that the parties are free to choose independent and highly specialised experts to decide their cases. Yet, if these…
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("NYC") was drafted in the spirit and with the purpose of encouraging arbitration as a dispute resolution…
