AUSTRALIA Jo Delaney and Charlotte Hendriks A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to be governed by the International Arbitration Act 1974 (Cth) (IAA). There have been no further amendments to the IAA this year. Australia has entered into two new free trade agreements, one with Indonesia and one with Hong Kong. The Australia-Hong Kong Free Trade Agreement entered into force on 17 January 2020. The Australia-Indonesia Comprehensive Economic Partnership Agreement (IA-CEPA) has…
On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE (“Strabag”) for the initiation of…
The Achmea decision and its aftermath are still a hot topic in the international arbitration community. In the…
From June 13 to 14, the Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS) and the law firm Klauberg Baltics jointly hosted the 8th DIS Baltic Arbitration Days. The DIS Baltic Arbitration Days have developed into a high profile arbitration event for arbitration practitioners. Around 140 practitioners and students from all around the world were welcomed by Korinna von Trotha (DIS) and Theis Klauberg (Klauberg Baltics) in the Stockholm School of Economics in the center of beautiful…
The Ukrainian Supreme Court ruled in September 2018 on recognition and enforcement of the emergency arbitral award (the…
A couple of months ago a decision by the European Court of Justice (“ECJ”) shocked the arbitration community:…
The recent decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV (Case C-284/16) seems to have caused a ripple effect for investment arbitration: In the case against the Swedish investor Vattenfall (ICSID ARB 12/12), the Federal Republic of Germany has now requested the arbitral tribunal to dismiss the case for lack of jurisdiction following the CJEU’s Achmea decision. A decision of the tribunal is expected later this year. It…
In a groundbreaking decision of 6 March 2018, the European Court of Justice (CJEU) shook up the arbitration community.…
In an advisory opinion to the Court of Justice of the European Union (CJEU), Advocate General Wathelet has…
1. Summary Could permission to set aside the English court’s permission to enforce a Swedish arbitral award allegedly obtained by fraud be granted in circumstances where the Swedish courts had dismissed an application to set aside the award? In Anatolie Stati and others v Republic of Kazakhstan [2017] EWHC 1348 (Comm), the English court held that the Respondent had established a sufficient case that an arbitral award had been obtained by the fraud of the…