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In Europe

Higher Regional Court Frankfurt holds that Achmea-decision is transferable to arbitration clauses in other BITs

by 7 Mins Read

In its Achmea-decision,[1] the ECJ decided that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment treaties (here: the BIT between the Netherlands and Slovakia) (see https://www.globalarbitrationnews.com/ecj-stops-investment-arbitration-intra-eu/). The Higher Regional Court Frankfurt recently had to deal with the question whether the ruling in Achmea is transferable to other intra-EU-BITs, namely the BIT between Croatia and Austria.[2] In this case, the investors argued that the Achmea-decision was based on…

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In Europe

Swiss Federal Supreme Court confirms that not the tribunal’s legal reasoning, but only the outcome of the award can be reason for annulment for violation of public policy

by and 3 Mins Read

In its decision published 6 January 2021, the Swiss Federal Supreme Court (“SFSC”) dismissed a challenge because in its view, the arbitrator had not violated public policy by finding in favour of a company that refused to pay commissions under an agency contract obtained through fraudulent behaviour (case no. 4A_346/2020 (in French)). Factual background The reported dispute originates from agency agreements between a principal company C and two agents, company A as well as its…

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In Arbitration Procedure

16th Annual ICDR Y&I Coffee House Debate

by 1 Min Read

On 28 March 2021 at 9:00 a.m. – 10:30 a.m. Eastern / 3:00 p.m. – 4:30 p.m. CET, Baker McKenzie will be sponsoring the 16th Annual ICDR Y&I Coffee House Debate Webinar. This signature event draws in a large international audience of arbitration practitioners, professors, students and in-house counsel and is sure to provide you with a substantive and entertaining debate! The panelists will debate the below topics, taking positions which do not necessarily reflect…

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In Asia-Pacific

Part I of a Trilogy: State measures in response to the COVID-19 pandemic

by 3 Mins Read

States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of coronavirus, ensure healthcare systems are not overrun and, more recently, balance reviving the economy and keeping control of the virus. These wide-ranging and far-reaching measures are not without consequences, particularly on foreign investments. We highlight examples of measures that may have the potential — and for some have already started —…

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