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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – Luxembourg

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A. LEGISLATION AND RULES A.1 Legislation A.1.1. The arbitration reform has come into force On 25 April 2023, the Arbitration Law reforming the Luxembourg arbitration legal framework came into force. This reform aims to further enhance Luxembourg’s appeal as a trusted arbitral seat and to bring Luxembourg closer to meeting international standards in relation to the arbitration procedure. Inspired by the 2006 UNCITRAL Model Law, Belgian arbitration law and French arbitration law, the new provisions…

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In Europe

The Advocate General calls for additional requirements to be satisfied in order for an individual arbitration agreement in intra-EU investment arbitration to be compatible with EU law

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On April 22, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU”) under case file no. C-109/20[1] (“Opinion”). The Advocate General dealt with the question whether an EU Member State can implicitly agree to investment arbitration under a BIT if the EU Member State fails to object to the jurisdiction of the Tribunal. The Advocate General concluded, taking into account the Achmea Judgment,[2] that such…

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