Arbitration Links - Linklaters
  • Year: 2019
  • Jurisdiction: Europe

Swedish Arbitration Act revised: making arbitration more efficient and easily accessible

14 March 2019 Niclas Widjeskog; Maja Bjerkelund, Europe

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On 1 March 2019, the revised Swedish Arbitration Act entered into effect following a nearly five-year long legislative process to update the Swedish Arbitration Act of 1999.

The revised Act aims to make the arbitration process more efficient and easily accessible, especially for non-Swedish parties, and ensures that Stockholm continues to be an attractive venue for international arbitration. The revisions strengthen party autonomy and provide for an efficient process which further facilitates the needs of international arbitration.

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ICSID compendium of comments on proposed rule amendments and 2018 caseload statistics

28 February 2019 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America

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Last month, the International Centre for Settlement of Investment Disputes (ICSID) published a compendium of state and public comments on proposed amendments to its procedural rules for resolving international investment disputes. It also issued a press release announcing its most recent caseload statistics, including details on the geography, industry and outcomes of new cases.

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AG Bot concludes that CETA’s Investment Court System is compatible with EU law

21 February 2019 Guillaume Croisant, Europe

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On 7 September 2017, Belgium requested the opinion of the Court of Justice of the European Union (“CJEU”) on the compatibility with EU law of the Investment Court System (“ICS”) provided for by the Comprehensive Economic and Trade Agreement between the EU and Canada (“CETA”).

In his much anticipated opinion rendered on 29 January 2019, Advocate General (“AG”) Bot considers that this mechanism for the settlement of investor-State disputes is compatible with the EU Treaties and the EU Charter of Fundamental Rights.

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EU Member States announce their intention to terminate intra-EU BITs

30 January 2019 Kirstin Schwedt, Europe

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In early January, the EU Member States announced their intention to terminate all intra-EU bilateral investment treaties. Their declarations come in reaction to last year’s Achmea-decision on intra-EU investor-state dispute settlement. Interestingly, the EU Member States could not agree on a unitary position regarding the Energy Charter Treaty.

How will these political declarations impact pending arbitrations, or those initiated before the EU Member States put in place a new regime?

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