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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – USA

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A. Legislation and rules A.1 Legislation The United States has a federal form of government, and there is, accordingly, arbitration-related legislation at both the federal (national) and state levels. The Federal Arbitration Act (FAA) of 1925 continues to be the controlling federal arbitration statute and reflects a well-established national policy that strongly favors arbitration as an alternate means of dispute resolution. In 2023, the House and Senate introduced four amendments to the FAA, none of…

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In USA

District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision

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Blasket Renewable Investments v. Kingdom of Spain, No. 1:21-cv-3249-RJL (D.D.C. Mar. 29, 2023).[1] Factual Background In 2007, two Dutch companies, AES Solar Energy Coöperatief U.A. and Ampere Equity Fund B.V. (collectively, the “Companies”), invested in renewable energy projects in order to take advantage of favorable tax incentives offered by the Kingdom of Spain (“Spain”). However, in the wake of the 2008 financial crisis, Spain implemented reforms in its energy sector that had the effect of…

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In Europe

Baker McKenzie International Arbitration Yearbook 2022-2023 – Kyrgyzstan

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A. LEGISLATION AND RULES A.1 Legislation International arbitration in Kyrgyzstan continues to be governed by the Law on Arbitration Courts (“Law”), as enacted on 30 July 2002. The Law is mostly based on the UNCITRAL Model Law. Provisions of the Law were challenged several times based on arguments that the Law and the main principles of arbitration proceedings contradicted Kyrgyzstan’s constitution. However, the constitutional court and the constitutional chamber of the Supreme Court consistently rejected…

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In Canada

Baker McKenzie International Arbitration Yearbook 2021-2022 – Canada

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A. LEGISLATION AND RULES A.1       Legislation International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law, occasionally with slight variations, as the foundational law for international arbitration. Canada’s federal Parliament has also adopted a commercial arbitration code based on the UNCITRAL Model Law, which is applicable when the federal government or one of its agencies is a party to…

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