Arbitration Notes
Tag: court of justice of the european union (cjeu)
Showing 12 out of 12 results
CJEU CONFIRMS THAT CETA DISPUTE RESOLUTION PROVISION IS COMPATIBLE WITH EU LAW
Advocate General finds that CETA's "Investment Court System" is compatible with EU law
One of the Advocates General to the Court of Justice of the European Union, Advocate General Bot, has issued an opinion confirming that the mechanism for …
State-to-State dispute settlement under the EU's draft Withdrawal Agreement: CJEU jurisdiction not arbitration
We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in …
Belgium asks for the CJEU's opinion on the compatibility of the Investment Court System with European Law
On 6 September 2017 the Belgian Deputy Prime Minister and Minister of Foreign Affairs Didier Reynders submitted a request from Belgium to the Court of …
Is there an inherent tension between the EU's investment court system and the EU legal order?
As discussed in our previous blog posts here and here, the EU has introduced a new system to resolve disputes arising between investors and …
The European Court of Justice renders its opinion on the EU-Singapore free trade agreement: investment chapter is not within EU's exclusive competence
On 16 May, 2017 the European Court of Justice (the Court) rendered its Opinion on the competence of the European Union to conclude the Free Trade …
Brexit—the future of state-to-state, investor-state and domestic dispute resolution
The Brexit White Paper The much-anticipated Brexit White Paper, ‘The United Kingdom’s exit from and new partnership with the European Union’, was …
French Supreme Court declares inadmissible appeal of Court of Appeal’s decision to seek an opinion from the CJEU
In Cass. Civ. 1re, 18 novembre 2015, n°14-26.482, the French Supreme Court considered an appeal from a Court of Appeal decision seeking an opinion from …
CJEU reaches decision on enforcement of arbitral awards containing anti-suit injunctions in the EU: A sensible decision, but limited in scope
The CJEU has issued its much awaited decision in the reference to the Court of Justice of the European Union (CJEU) by the Lithuanian Supreme Court in …
Anti-suit Injunctions within the EU: AG Wathelet delivers his Opinion in Gazprom
The Advocate General Wathelet (the AG) has delivered his much awaited Opinion in the reference to the Court of Justice of the European Union (CJEU) …
Madrid Court of Appeal affirms optional dispute resolution clause
On 18 October 2013, the Madrid Court of Appeal (the Court of Appeal) affirmed the validity of an optional dispute resolution clause which provided for …
Does the Brussels I Regulation forbid recognition of arbitral anti-suit injunctions? Lithuanian Supreme Court refers question to CJEU
Last month, the Lithuanian Supreme Court (the Supreme Court) made a preliminary reference to the Court of Justice of the European Union (CJEU) asking …