Arbitration Notes

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 …

HSF team play key role in significant ICSID Award dealing with an Intra-EU BIT Case

Members of the HSF Paris disputes team have played a key role in obtaining a successful ICSID award for Chèque Déjeuner ("CD"), the French meal voucher …

English Court of Appeal refuses Micula Appeal against stay of ICSID Award but orders Romania to provide £150m Security

In Micula & Ors v Romania [2018] EWCA Civ 1801 the English Court of Appeal (the "Court") dismissed an appeal against the High Court's stay of …

State to state dispute resolution in the UK Government's White Paper: arbitration with a potential role for the CJEU

The White Paper published yesterday, "The Future Relationship between the United Kingdom and the European Union", includes the UK Government's proposal …

The new draft Dutch BIT: what does it mean for investor mailbox companies?

The Netherlands has released a new draft investment treaty for public comment ("Draft BIT").  If adopted, the Draft BIT may raise questions about …

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 …

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

On its face, the thrust of the UK Government's Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to …

English Court Stays Enforcement of Micula ICSID Award Against Romania

In Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) the English High Court stayed enforcement of a 2013 ICSID award in favour of Swedish …

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 …