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

The changing landscape of intra-EU investment protection: latest communication by the European Commission and other post-Achmea developments

31 July 2018 Kirstin Schwedt; Maximilian Reichert, Europe

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In the wake of the Court of Justice of the European Union’s (“CJEU”) judgment in Achmea, the European Commission recently communicated that “EU investors cannot invoke intra-EU BITs” or the Energy Charter Treaty (“ECT”) for intra-EU investments and advertised alternative remedies available under EU law. Meanwhile, ICSID tribunals have continued to render awards on intra-EU investment disputes and a court in Stockholm is considering a preliminary reference to the CJEU with respect to the ECT (for further background see our previous posts on Achmea here, here and here.) But even five months after Achmea and numerous contributions to the debate on its interpretation, the pivotal questions remain unanswered.

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Consultation open for ICCA working group’s draft Cybersecurity Protocol

24 July 2018 Erin Marsh, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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The draft Cybersecurity Protocol for International Arbitration has been published by the International Council for Commercial Arbitration (ICCA) Working Group on Cybersecurity in International Arbitration. Accessible here, the protocol does not specify particular measures to be included in arbitration agreements or procedural orders, but instead proposes a framework for developing cybersecurity measures appropriate to each individual case. Written comments should be submitted to cybersecurity@arbitration-icca.org no later than 30 September 2018.

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Linklaters’ recent contributions to Kluwer Arbitration Blog

18 July 2018 Matthew Weiniger; Akshay Sewlikar; Stephanie Tang, Europe; Hong Kong; United States of America

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Linklaters has recently contributed two articles to the Kluwer Arbitration Blog.

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Arbitration Links turns 1!

09 July 2018 Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

In summer 2017 we launched Arbitration Links, our blog (and Linklaters’ first) dedicated to reporting on developments in international commercial arbitration and investment arbitration. Please do watch, and share, this short video celebrating Arbitration Links's first birthday.

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Dutch Supreme Court applies strict interpretation of the (alternative) time limit for filing for the annulment of an arbitral award

06 July 2018 Marc Noldus; Caroline De Ruiter-Vleggaar, Europe; The Netherlands

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The Dutch Supreme Court has ruled in favour of a strict application of the (alternative) time limit for filing for the annulment of an arbitral award. If the first time limit of three months after the deposit or dispatch of the award has lapsed, a claim for annulment cannot be filed until the start of the second time limit of three months after service of the award and leave for enforcement.

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