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International arbitration moves closer to becoming a forum for business and human rights (“BHR”) disputes with the publication of draft BHR arbitral rules. Whilst some technical considerations remain, BHR arbitration offers many exciting...
In Islamic Republic of Pakistan and Ors v Broadsheet LLC  EWHC 1832 (Comm), the English High Court dismissed an application made under section 68 of the Arbitration Act, 1996 (the “Act”), holding that insufficient reasoning by...
As reported in an earlier blog post, significant amendments to the Law on Arbitration came into force in Russia back in September 2016.
One of the key changes brought about by the arbitration reform includes the introduction of a new regime for...
On 30 May, the University of Basel’s Competence Centre - Arbitration and Crime and the Basel Institute on Governance (a not-for profit organisation) jointly published a toolkit to assist arbitrators dealing with issues or corruption and...
Last month, the International Centre for Settlement of Investment Disputes (ICSID) published its second compendium of state and public comments on proposed amendments to its procedural rules for resolving international investment disputes. This is...
13 September 2018 Kirstin Schwedt, Europe
In a detailed decision, an ICSID tribunal hearing a dispute between Swedish Vattenfall and Germany over the state’s phase out of nuclear power in the wake of the Fukushima disaster (ICSID Case No. ARB/12/12) has maintained jurisdiction to hear the dispute under the Energy Charter Treaty (“ECT”). The decision follows objections raised by Germany after the Achmea-judgment of the Court of Justice of the European Union (“CJEU”). We have previously reported on implications of Achmea for ECT-claims and the European Commissions’ view of the Achmea-judgment here.
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