Arbitration Links - Linklaters
  • Year: 2018
  • Month: January
  • Jurisdiction: Europe

Mauritius Convention on transparency enters into force

25 January 2018 Sadie Buls, Asia-Pacific; Europe; North America

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The United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (the "Mauritius Convention") entered into force on 18 October 2017. An important development in investor-State dispute settlement (“ISDS”), the Mauritius Convention significantly expands the circumstances in which new transparency provisions – concerning arbitration commencement, publication of documents, third-party input, public hearings and confidential information – may apply. While it will be some time before the Mauritius Convention has broad application, it represents an important evolution for ISDS which has significant implications for States and investors alike.

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Do arbitration clauses catch cartel damages claims? First German court decision answers this question in the affirmative

09 January 2018 Dr. Rupert Bellinghausen; Julia Grothaus, Europe; Germany

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Whilst the CJEU’s 2015 landmark decision in CDC v. Akzo Nobel et al. considered whether cartel damages claims fall within the scope of jurisdiction clauses in favour of EU Member States, what about arbitration clauses? The first German court decision on this issue, handed down by the Regional Court of Dortmund (Landgericht Dortmund), has concluded that, where German law applies to the clause, they do – irrespective of whether the clause is worded broadly or narrowly (judgment of 13 September 2017, case no. 8 O 30/16 [Kart]).

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