On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU”) under case file no. C-741/19[1] (“Opinion”) in favour of the CJEU’s jurisdiction over a request for preliminary ruling to interpret the Energy Charter Treaty (“ECT”) in a case concerning two non-EU parties. Furthermore, the Advocate General presented its view that the offer to arbitrate in the ECT should be considered incompatible with EU…
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…
Investment in renewable energies is a vital part of the global strategy to address climate change. Many States provide strong support and incentives to encourage investments and accelerate the growth of this sector. Other States, such as Spain, Italy and the Czech Republic, have withdrawn incentives or subsidies that were offered. Such regulatory changes have had a detrimental impact on the development and growth of renewable energy. There may be minimal, or indeed no scope,…
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…
Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you our analysis of notable developments in international arbitration over the past year from over 40 jurisdictions worldwide. As with the editions before it, the 2023-2024 Yearbook covers important legislative and case law updates from each jurisdiction. This includes: New arbitral rules from many institutions including the SCC (Stockholm), CAM (Milan), CIAM (Madrid), SCCA (Saudi Arabia), CIETAC (China),…
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 The United States has a federal form of government, and there is,…
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…