In a decision of April 3, 2024, the Swiss Federal Supreme Court (“SFSC”) dismissed an application by Spain for an annulment of an arbitral award issued by an ad hoc-arbitral tribunal seated in Geneva. The arbitral tribunal had held that Spain had failed to accord fair and equitable treatment to a French company which had acquired and developed, through Spanish subsidiaries, twelve photovoltaic installations in Spain, and had awarded to the French investor EUR 29…
On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice…
The Energy Charter Treaty (“ECT”) is a multi-national agreement that entered into force in 1998. It is designed…
The Italian government has recently declared its withdrawal from the Energy Charter Treaty (“ECT”). The ECT is a multilateral treaty between 53 countries across the world. It aims at establishing a legal framework to promote cross-border cooperation and investment in the energy sector. The Treaty contains, amongst others, provisions regarding the trade with and the transit of energy between the member states, the protection of foreign investments and the settlement of disputes. Officially, the Italian…
Investment in renewable energies is a vital part of the global strategy to address climate change. Many States…
In Micula v. Romania,[1] a D.C. district court judge recently enforced an investor-state arbitration award in a case…
The reform of the renewable energy industry in Spain has resulted in more than ten arbitration procedures filed by foreign or foreign-controlled investors, given the difficulty involved in obtaining investment protection from Spanish courts. Foreign control of investments is the critical element which opens the way to arbitration to protect investment. It must be decided whether the basic principles of investor protection have been observed and suitable compensation must be awarded, if appropriate, for any…
Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you…
A. LEGISLATION AND RULES A.1 Legislation A.1.1. The arbitration reform has come into force On 25 April 2023,…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Kyrgyzstan continues to be governed by the Law on Arbitration Courts (“Law”), as enacted on 30 July 2002. The Law is mostly based on the UNCITRAL Model Law. Provisions of the Law were challenged several times based on arguments that the Law and the main principles of arbitration proceedings contradicted Kyrgyzstan’s Constitution. However, the Constitutional Court and the Constitutional Chamber of the Supreme Court consistently rejected…