Life sciences globalization fuels new developments in international arbitration
On 10 July 2025, the European Court of Human Rights (ECtHR) delivered its final ruling in the case of Semenya v. Switzerland1 . The ECtHR, sitting as Grand Chamber, found that Switzerland violated its procedural obligations...more
Many readers will be familiar with the Spanish renewables saga which centers on changes made by Spain to a renewable energy support scheme in 2007, which led to over 50 investment treaty arbitrations, including a number...more
In Seraing v FIFA e.a., Advocate General Capeta (AG) has taken the view that the principle of effective judicial protection means that EU Member State courts should be able to fully review the compliance of an award of the...more
The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...more
In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more
The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in...more
The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more
The Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022, announced their agreement in principle on the modernization of the ECT. Part of the agreement “confirm[s] that an investor from a Contracting Party...more
In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
AT&T announced yesterday that it’s resolved an ongoing battle with activist Paul Singer and his Elliott Management by agreeing to keep CEO Randall Stephenson on the job through “at least 2020,” with the chair and CEO roles to...more
On October 2, 2019, the World Trade Organization (“WTO”) awarded the U.S. the largest arbitration award in the WTO’s history, $7.5 billion annually, in retaliation for the unlawful EU subsidization of Airbus. The award comes...more
In an interesting May 2019 judgment, the English High Court in P v. D [2019] EWHC 1277 (Comm) set aside an arbitral award in a London-seated international commercial arbitration on the basis that the tribunal had based its...more
The 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters offers certainty in cross-border enforcement of judgments. On 2 July 2019, the Hague Conference on Private...more
In a long-awaited ruling of June 18, 2019, the General Court of the EU (GCEU) annulled the European Commission’s State aid 2015 decision in the Micula case (joined cases T-624/15, T-694/15 and T-704/15). The factual...more
The Paris Court of Appeals recently upheld an arbitral award applying OHADA law. The application to set aside the award had been brought by the State of Cameroon based on arguments made under Cameroonian law....more
Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making - More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic...more
A High Court decision has reiterated the difficulties international parties face in enforcing in England awards set aside by courts at the seat of arbitration. In Maximov v OJSC Novolipetsky Metallurgichesky Kombinat the...more
From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more
Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more
On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as precluding effect being...more
London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The reasons for this deserved reputation have never depended on membership of the EU. The most important features...more
In This Issue: - The 2014 LCIA Rules - Latham & Watkins Secures Arbitral Award and Judgment When Respondent Fails to Post Full Security for Enforcement Stay - Ukraine Crisis: A Recap of the Latest US and EU...more