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In a striking new episode of the long-running Micula saga, the General Court of the CJEU has quashed the European Commission’s 2015 decision that Romania’s payment of the €178 million award rendered by an ICSID tribunal back in 2013...
In Chung v Silver Dry Bulk Co Ltd  EWHC 1147 (Comm) the English Commercial Court granted an application challenging the substantive jurisdiction of an arbitral tribunal appointed after the dissolution of the defendant corporation.
In Merthyr (South Wales) Ltd v Cwmbargoed Estates Ltd and another  EWHC 704 (Ch) the English High Court rejected an application for leave to appeal against an arbitral award on a point of law under s.69 of the Arbitration Act 1996. In his...
On Friday, May 24 at 15:00 CET, the Warsaw office of Linklaters hosted the latest ICC Young Arbitrators Forum conference titled “The psychology of decision-making in international arbitration”. The conference opened with a keynote...
The Task Force on Emergency Arbitrator Proceedings and the ICC Commission on Arbitration recently released a report on emergency arbitrator proceedings. The report aims to identify emerging trends based on a review of, inter alia, the ICC...
17 March 2017 Duncan Hedar, England & Wales; Europe
Following an application by Romania and the European Commission (as intervener), the English High Court has stayed enforcement of an ICSID award in favour of Swedish business magnates the Micula brothers. The case will be determined following the decision of the General Court of the European Union in connected proceedings brought by the Micula brothers to annul the Commission’s determination that the payment of the ICSID award by Romania would amount to illegal State aid. The case raises important questions about the effectiveness of ICSID awards in circumstances where the awards clash with Member States’ obligations under EU law.
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