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In Europe

Baker McKenzie International Arbitration Yearbook 2019-2020 – Uzbekistan

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UZBEKISTAN Alexander Korobeinikov and Alissa Inshakova A. LEGISLATION AND RULES A.1 Legislation Arbitration in Uzbekistan continues to be governed by domestic legislation, as well as by international treaties ratified by Uzbekistan. Uzbekistan is a party to a number of international and regional treaties that relate to arbitration, including the New York Convention and several CIS treaties. Additionally, Uzbekistan is a member state of the ICSID, and investors, therefore, have the right to seek settlement of…

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In Arbitrability

Poland – Changes to law – arbitrability of disputes over corporate resolutions

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Abstract:Polish Civil Procedure Code is now clear on the arbitrability of corporate matters. Background Polish civil procedure law has recently been subject to a wave of amendments. They were various in nature, purpose and magnitude. Some were just a confirmation of already established practice, and others could be classified as a reform of the core of the Polish civil court system. All of them, however, were promoted as aiming to ease bureaucracy and make legal…

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In Europe

Federal Republic of Germany faces third ever investor-state arbitration: Might changes to renewables regime lead to another public “Vattenfall-outcry” about arbitration?

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On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE (“Strabag”) for the initiation of an ICSID arbitration proceeding (ICSID Case No. ARB/19/29). Strabag and two of its affiliates (“Erste Nordsee-Offshore Holding GmbH” and “Zweite Nordsee-Offshore Holding GmbH”) are suing the Federal Republic of Germany for damages in a still unknown amount. So far, no documents are public except for the notification of a request for arbitration. The notification, however, clearly shows…

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In Arbitrability

ISDS under ECT remains intact after contrary Declaration by 22 EU Member States

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The Achmea decision and its aftermath are still a hot topic in the international arbitration community. In the Achmea decision, the European Court of Justice (“ECJ”) ruled that EU law precluded resolution of intra-EU disputes through investment arbitration (see https://www.globalarbitrationnews.com/ecj-stops-investment-arbitration-intra-eu/ and https://www.globalarbitrationnews.com/aftermath-achmea-germany-requests-dismissal-vattenfall-case-cjeus-achmea-decision/). The question of whether this decision could interfere with ISDS under the Energy Charter Treaty (“ECT”) as well, was first and in the negative answered by the Tribunal in the ICSID case Vattenfall…

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