The New York Convention compels its 157 contracting Parties to enforce arbitration awards: “A New York Convention award may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect”. This enforcement requirement, found in Section 101 of the Arbitration Act 1996, is however […]
Arbitration in Iraq – Iraq Endorses Ratification of the New York Convention
After many delays, on 6 February 2018, Iraq officially endorsed the ratification of the New York Convention, a promising step for arbitration in Iraq. Although in theory Iraq accepts the idea that the New York Convention is necessary, there has been little attention on its accession until recently. Although no drafts of the law are […]
Renewable Energy Investment Arbitrations
Many renewable energy investment arbitration disputes have been initiated over recent years, including the cases Charanne and Construction Investments v. Spain, SCC Case No. V 062/2012, Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain, ICSID Case No. ARB/13/36, Mesa Power Group, LLC v. Government of Canada, UNCITRAL, PCA Case No. 2012-17 and others. While […]
New English-Speaking Commercial Court in Paris
On 1 March, a new appeals court in Paris opened its chamber doors. Similar to courts in other EU cities,[1] this commercial court resolves international commercial disputes using English and common law practices. It also hears appeals from the lower commercial court[2] involving foreign businesses or foreign law. It also expects to ultimately oversee arbitration award enforcement […]
Investor-State Dispute Settlement in Intra-EU BITs Is Incompatible with EU Law – Case C-284/16
On 6 March 2018, the Court of Justice of the European Union (“CJEU”) found that investor-State dispute settlement (“ISDS”) in intra-EU BIT’s is incompatible with EU law. The CJUE rendered the important Achmea judgment against the Opinion of the Advocate General Wathelet and found that: “Articles 267 and 344 TFEU must be interpreted as precluding a provision in an international agreement […]