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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Jenner & Block

Jenner & Block Japan Newsletter - July 2025

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Welcome to the July 2025 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the Japanese...more

Jenner & Block

European Commission Decision at Odds with International Arbitration Practice

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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

White & Case LLP

CJEU rules on Asymmetric Jurisdiction Clauses without closing uncertainty

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On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision (C-537/23) addressing the validity of asymmetric jurisdiction clauses under Article 25 of the Brussels Recast Regulation. While...more

A&O Shearman

Sports arbitration awards potentially open to review by EU courts – is commercial arbitration next

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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

A&O Shearman

Swedish Court requests ruling from CJEU on sanctions legislation

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The Swedish Court of Appeal (Court) has requested a preliminary ruling from the Court of Justice of the European Union (CJEU) to clarify the effect and scope of Russia-related sanctions. The anticipated ruling by the CJEU...more

McDermott Will & Emery

Navigating the UTPR and ISDS: Implications in the EU

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The global tax landscape is experiencing a profound transformation as the OECD/G20’s Pillar Two rules are adopted. Among these, the Undertaxed Profits Rule (UTPR) has emerged as a pivotal mechanism designed to ensure that...more

A&O Shearman

Blood, BITs, and Arbitration: English High Court pours cold water on Czech Republic’s outstanding ss.67 and 68 challenges to...

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The judge provided further guidance on the English court’s approach to jurisdictional issues, finding on this set of facts that the UNCITRAL tribunal had properly exercised its jurisdiction in rendering its award. This post...more

A&O Shearman

Immunity objections to registration of ICSID awards rejected

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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

Baker Botts L.L.P.

Challenging Windfall Taxes in the Energy Sector: Klesch Group & Raffinerie Heide v. Federal Republic of Germany

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On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more

Vinson & Elkins LLP

A(nother) Turning Point for Intra-EU ECT Disputes?

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Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more

Jenner & Block

Amendments to the English Arbitration Act on Hold

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In our September 2023 newsletter, we wrote about proposed amendments to the English Arbitration Act as it approaches its 30th anniversary. The proposed amendments were seen as very light touch, but included changes to: -...more

A&O Shearman

Insolvency vs Arbitration – Privy Council’s revival of the “Established Approach”

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How does an arbitration clause, or an exclusive jurisdiction clause in favour of foreign courts, affect insolvency proceedings? The effect of an arbitration clause, or an exclusive jurisdiction clause in favour of foreign...more

Skadden, Arps, Slate, Meagher & Flom LLP

The London Space Law Symposium

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On 9 May 2024, Skadden held the inaugural London Space Law Symposium, where six panels of Skadden representatives and industry experts discussed legal aspects of the new space economy. The event was held in the Naim Dangoor...more

A&O Shearman

Arbitration clause triumphs over Russian court proceedings

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In the latest anti-suit case relating to Russia, the English High Court has made permanent an anti-suit injunction (ASI) and anti-enforcement injunction (AEI) preventing a Russian bank from pursuing litigation in Russia in...more

Jenner & Block

What Is the Future of Energy Charter Treaty (ECT)?

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The Energy Charter Treaty (ECT) is a multi-nation investment treaty which protects investors from the nationalization of assets and other arbitrary and discriminatory state conduct made at the expense of investments in the...more

Morgan Lewis

Iliria S.R.L. v Albania: Landmark Decision Affirms Need for Timely Justice

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In a landmark decision rendered by the European Court of Human Rights (ECtHR), the recent case of Iliria S.R.L. v Albania underscores the imperative need for timely justice in matters of international arbitration in the...more

A&O Shearman

EU Council Waters Down Corporate Sustainability Due Diligence Directive (CS3D)

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On March 15, 2024, following weeks of political wrangling, the Corporate Sustainability Due Diligence Directive (CS3D) was endorsed by the EU Council. The make-or-break vote was the last opportunity for the CS3D to be adopted...more

Vinson & Elkins LLP

The United Kingdom Announces Its Intention to Withdraw From the Energy Charter Treaty

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On 22 February 2024, the UK government confirmed the UK’s withdrawal from the Energy Charter Treaty (ECT), blaming a failure of efforts to modernise the treaty and align it with net zero aims. The UK joins nine EU member...more

Hogan Lovells

United Kingdom to withdraw from the Energy Charter Treaty

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On 22 February 2024, the Government of the United Kingdom (UK) announced that the UK would withdraw from the Energy Charter Treaty (ECT) after a recent failed attempt to modernise its text....more

Bracewell LLP

Expert Determination in the Energy Sector – When Will the Courts Intervene?

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It is not uncommon for parties to agree that certain disputes should be referred to an expert for determination. However, when those disputes arise, the parties may disagree about the scope of the exercise to be carried out...more

White & Case LLP

Ask, and you shall receive – English Court of Appeal grants anti-suit injunction in support of foreign arbitration

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In Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144, the English Court of Appeal granted an anti-suit injunction to restrain Russian court proceedings brought in breach of an agreement to arbitrate in Paris,...more

Jenner & Block

English Courts Provide Guidance on Staying Court Proceedings in Favour of Arbitration

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English courts possess broad powers to ensure parties that agree to arbitrate are held to their agreement. This includes the ability to grant a stay of proceedings under s.9 of the Arbitration Act 1996 (“the AA 1996") if...more

Jenner & Block

Proposed Amendments to the English Arbitration Act

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The English Arbitration Act of 1996 is revered as underpinning the subsequent success of London as perhaps the world’s busiest arbitration venue. However, as the Act approaches its 30th anniversary, light touch reform is...more

White & Case LLP

Evolution, not revolution – the Law Commission recommends limited reforms to ensure that the Arbitration Act (1996) remains state...

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Time has been kind to the English Arbitration Act 1996. Although nearly 30 years old, it continues to function effectively and supports London's position as a global arbitration centre. Nonetheless, in 2021, the UK Government...more

White & Case LLP

The Growth of Third-Party Funding: A Global Perspective

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Recent developments in Nigeria, India and China highlight the relentless global rise of third-party funding ("TPF"). These developments emphasise how TPF is now an integral part of arbitration proceedings across the world. We...more

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