On 14 July 2022,[1] the enforcement of the Micula ICSID award was rejected by Luxembourg Court of Cassation. The Supreme Court overturned the decision of the Appeal Court upholding the enforcement of the award rendered by the arbitral tribunal on 11 December 2013 in Ioan Micula, Viorel Micula, S.C. European Food S.A, S.C. Starmill S.R.L. […]
Variation Claims in International Arbitration
Variation claims in international arbitrations involving construction are common. Over the course of a construction project, it is not rare for a project to undergo changes. This might arise because the employer needs to change the original scope of work that can no longer be carried out after starting the project, or the contractor discovers […]
Wrongful Refusal to Enforce Arbitral Award: BTS Holding v. Slovakia
In its judgement rendered on 30 June 2022 in the BTS Holding v. Slovakia case, the European Court of Human Rights (the “ECHR”) held that Slovakia violated BTS Holding’s (“BTS”) right to property when its courts arbitrarily refused to enforce an arbitral award against the Slovak National Property Fund (the “NPF”). The ECHR reached this […]
Pre-Conditions to Arbitration Are A Question of Admissibility: Hong Kong Decision C v D [2022] HKCA 729
In a recent decision, C v D [2022] HKCA 729, the Hong Kong Court of Appeal held that pre-conditions to arbitration are a question of admissibility, instead of jurisdiction. Hence, it refused to set aside a partial arbitral award for lack of jurisdiction. Multi-tiered arbitration clauses, containing pre-conditions to arbitration, such as mandatory cooling-off periods, […]
Denial of Benefits in Investment Arbitration
Many of the Multilateral and Bilateral Investment Treaties (BITs) concluded in recent decades contain a provision often referred to as a denial of benefits clause. Examples include the Netherlands Model BIT[1], the Comprehensive Economic and Trade Agreement between Canada and Europe (CETA)[2] and most notably the Energy Charter Treaty (ECT).[3] The aim of denial of […]