A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Netherlands continues to be governed by the Wet van 2 juni 2014 tot wijziging van Boek 3, Boek 6 en Boek 10 van het Burgerlijk Wetboek en het Vierde Boek van het Wetboek van Burgerlijke Rechtsvordering in verband met de modernisering van het Arbitragerecht (“Arbitration Act”), to which there have been no legislative amendments. A.2 Institutions, rules and infrastructure It is expected that the Netherlands…
A. LEGISLATION AND RULES A.1 Legislation Arbitrations seated in Belgium are governed by the Belgian Law on Arbitration…
A. LEGISLATION AND RULES A.1 Legislation In the 2017-2018 edition of this Yearbook, we reported about a working…
Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021) [click for opinion] Cube Infrastructure Fund SICAV, Cube Infrastructure Managers S.A., Cube Energy S.C.A. (now Cube Energy S.a.r.l.) (“Cube”), Demeter Partners S.A., and Demeter 2 FPCI (“Demeter”) are European-based investment and private equity funds that invest in energy projects. Cube and Demeter invested in multiple hydro-power and photovoltaic (“PV”) facilities in Spain in 2008, 2011, and 2012, after Spain established…
AUSTRALIA Jo Delaney Charlotte Hendriks and Anita Juric A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to…
KYRGYZSTAN Alexander Korobeinikov and Alissa Inshakova A. LEGISLATION AND RULES A.1 Legislation International arbitration in Kyrgyzstan continues to…
In May 2018, Spain requested the set-aside of an arbitral award in front of the Swedish Svea Court of Appeal. In the award, the SCC tribunal had granted the Luxembourg company, Novenergia, EUR 53.3 million in damages on the grounds that Spain had, as an effect of Spain’s reform to its renewable energy subsidy regime, violated standards of fair and equitable treatment under the Energy Charter Treaty (ECT). Novenergia was awarded damages in relation to…
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties…
The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in…
FRANCE Eric Borysewicz and Karim Boulmelh A. LEGISLATION AND RULES A.1 Legislation A new Decree no. 2019-1089 on the Certification of Online Conciliation, Mediation and Arbitration services, dated 25 October 2019 (“Decree”),[1] has been issued and aims at implementing article 4 of the Act on Programming and Reforming of the Justice (“Statute”).[2] Article 4 offers online platforms supplying conciliation, mediation and arbitration services the possibility to obtain a certification by a specific organism. Under the…