Investor State Arbitration under CETA: Key Provisions and What to Watch for in 2017

The Comprehensive Economic and Trade Agreement ('CETA') between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European...

Eureka! Advocate General blasts European Commission on the validity of intra-EU investment treaties

In an advisory opinion to the Court of Justice of the European Union (CJEU), Advocate General Wathelet has rejected the argument that investor-State dispute...

Be careful where you sit! English court refuses to enforce a foreign award set...

In Maximov v NMLK the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been...

Fraudulent Arbitral Awards – Anatolie Stati and others v Republic of Kazakhstan [2017] EWHC...

1.            Summary Could permission to set aside the English court's permission to enforce a Swedish arbitral award allegedly obtained by fraud be granted in circumstances...

Germany: Federal Court of Justice Lowers the Bar for the Annulment of an Award...

In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle for setting aside an arbitral award...

A Stepping Stone Without Overstepping The Mark – English Commercial Court Outlines What Constitutes...

In the recent anonymised judgment of P v Q and others EWHC 194 (Comm), the England & Wales Commercial Court gave some important...

U.S. Second Circuit Confirms Annulled Award Cannot Be Enforced

Two years after its noted decision enforcing an annulled award in the Pemex case, the Second Circuit again took up the issue of enforcement...

Security for costs – Renunciation of the standards set up in “RSM v. Saint...

Can a tribunal order an impecunious claimant to pay security for costs? This is an often debated topic both in commercial and in investment...

Investor-State Arbitration – An Introduction

A. Introduction While investor-state arbitration remains a relatively new area of international law, the number of cases commenced under international investment agreements (IIAs) has grown...

New EU-Japan Trade Deal: EU declares ISDS “dead”

The European Union and Japan have announced the main elements of a new economic partnership agreement, which has been hailed as the most important...

 Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017 

Click here for the chapter on Belgium in the 2016-2017 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on Belgium in the 2015-2016 Arbitration Yearbook.