The Opinion delivered on 19 September 2017 by Advocate General Wathelet in the case C-284/16 Achmea has already been widely commented on in the international arbitration community. The views are…
The complexity of M&A
In recent years there has been an increase in M&A disputes. These are often complex because the underlying dispute can involve complicated business transactions between…
In 2012, the Permanent Court of Arbitration [“PCA”] in the Chagos Decision entertained a challenge to an arbitrator’s impartiality in an inter-state arbitration between Mauritius and the United…
Currently, several dozen arbitral claims have been lodged by investors from an EU Member-State against another EU Member-State based on the Energy Charter Treaty (ECT). These so-called intra-EU ECT-…
Third-party funding remains a hot topic in arbitration, which is understandable considering its complexity and that its accompanying issues often have major implications for arbitral procedure. This…
In an interesting post published on Kluwer Arbitration Blog by Eric Leikin and Martina Magnarelli, it is described in a very comprehensive manner the state of play as regards the soundness of…
International arbitration is taking a giant step forward as part of the global movement to protect human rights. A drafting team, with expertise in international investment, arbitration, human rights…
Over the last years, European arbitration institutions show the increasing number of arbitration cases involving Russian and other former Soviet Union countries, most of which are members of the…
It is a fundamental principle in international arbitration that every arbitrator must be and remain independent and impartial of the parties and the dispute
The issue of arbitrator independence,…
With reviews of new mediation laws in Ireland and Vietnam, an assessment of how well Barnier and Davis are performing as negotiators in the crucial and complex Brexit negotiations, and highlights…
