Home Europe

Europe

English High Court provides useful guidance on whether test for appeal on a point...

The case of Agile Holdings Corp v Essar Shipping Ltd clarifies the circumstances in which the court can revisit the decision to grant leave...

England and Wales: Apparent Bias In Arbitral Tribunals – Guidance from the Court of...

In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) (3) (4)...

Due process and fairness in arbitral proceedings: the Commercial Court rules against finding serious...

The rejection of SCM Financial Overseas Ltd's ("SCM") challenge to an US$ 860 million award in favour of Raga Establishment Ltd ("Raga") on the...

Draft Model BIT abandons Party-Appointed Arbitrators

On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT. The news heading was "Radical proposals...

Comparative Chart of International Investment Arbitration Rules

Investment treaty arbitrations may be brought under the rules of many different arbitration institutions.  As can be expected, each institution has its unique rules...

Germany: Do Arbitration Agreements Cover Cartel Damages Claims?

The question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took an arbitration-friendly approach by dismissing an...

The Prague Rules – Inquisitorial Rules on the Taking of Evidence in International Arbitration

"Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?" A session of the fourth Russian Arbitration Association...

LCIA publishes its facts and figures: The 2017 Casework Report

The London Court of International Arbitration (the "LCIA") has recently published its Casework Report for 2017 which contains statistics on its performance last year....

France: Terms of reference – a key document to which the parties to an...

In a decision dated 15 June 2017, the French Cour de cassation held that an acknowledgment of the validity of the arbitral tribunal’s constitution...

The Aftermath of Achmea: Germany Requests Dismissal of Vattenfall Case After CJEU’s Achmea Decision

The recent decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV (Case C-284/16) seems to have caused...