For Galakis the Bell Tolls: Is the SMAC v Ryanair Decision the End of Arbitration for Public Entities in France?
Wolters Kluwer | Kluwer Arbitration Blog
by Raphaël Chikli (Diamantis & Partners)
8h ago
57 years ago, the French Cour de Cassation’s Galakis decision (Civ. 1re, 2 May 1966) laid down the principle that French public entities may, exceptionally, submit to arbitration disputes arising from international contracts. Some would even consider that this principle was already in existence with the San Carlo case (Civ. 1re, 14 April 1964) where the Cour de Cassation considered that the prohibition on recourse to arbitration by public entities is a matter of domestic public policy and therefore inapplicable to international contracts. As described below, for Galakis, the bell tolled as in ..read more
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Interest Rate Trends in Investor-State Disputes in 2022-2023
Wolters Kluwer | Kluwer Arbitration Blog
by Shay Lakhter (International Centre for Settlement of Investment Disputes (ICSID))
1d ago
In the commentary to the ILC draft Articles on State Responsibility it is suggested that interest is not “a necessary part of compensation in every case.” (See Article 38, Commentary 1). However, in investor-State disputes, it has become usual for parties to request, and for tribunals to include, interest on top of compensation. The awards rendered in 2022-2023 have remained consistent, with all 19 publicly available awards rendered in favor of the investor stipulating interest payments. The review of the published awards evidenced that the determination of interest remains dependent on the fa ..read more
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Mongolia: Investment Related Developments in the Mining Sector
Wolters Kluwer | Kluwer Arbitration Blog
by Byambasuren Narantuya and Charles ('Chip') B. Rosenberg
2d ago
Mongolia is a country rich in natural resources. Its estimated mineral wealth is $1-3 trillion, with coal, copper, and gold making up the primary reserves. Having been so well endowed by Mother Earth, Mongolia would seem to be an obvious choice for international investors with capital and expertise to exploit these valuable opportunities. However, the U.S. State Department recently cautioned foreign investors about investing in Mongolia: Mongolia’s frontier market and vast mineral reserves represent potentially lucrative opportunities for investors but vulnerability to external economic and f ..read more
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2024 PAW: In Search of the Right Balance: The interplay between Human Rights, ESG, Civil Society and Investment Arbitration
Wolters Kluwer | Kluwer Arbitration Blog
by Nikos Lavranos (NL-Investmentconsulting) and Veronika Korom (ESSEC Business School, Paris; Paragon Advocacy)
2d ago
On Monday 18 March 2024, ESSEC Business School and EFILA co-organized a panel discussion within the framework of the Paris Arbitration Week (“PAW”) 2024, discussing the interactions between Human Rights, Environmental, Societal and Governance (“ESG”), Civil Society and investment arbitration. The event was hosted by Prof. Veronika Korom (ESSEC) and the panel consisted of Grégoire Bertrou (Partner at Willkie Farr & Gallagher LLP), Prof. Rose Rameau (Professor of Law at GA University College of Law in the US, ICC Court Member and a PCA Court Member), Suzanne Spears (Founder & Princi ..read more
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Public Policy Under Scrutiny by Spanish Courts: Pro-arbitration Approach Confirmed
Wolters Kluwer | Kluwer Arbitration Blog
by Cecilia Tilve (Herbert Smith Freehills LLP)
3d ago
Spanish regional High Courts of Justice (Tribunales Superiores de Justicia) have heard applications to annul awards since the 2011 amendment to the Spanish Arbitration Law (“SAL”). The most active among the seventeen regional courts has been the High Court of Justice of Madrid (“TSJM”), in charge of hearing annulment proceedings of Madrid-seated arbitral awards. According to official statistics, between 2021 and 2022 the TSJM heard almost 40% of all annulment actions decided by Spanish Courts. In a series of decisions issued in the late 2010s, the TSJM upheld a fair number of annulment applica ..read more
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PAW 2024: Evolving Perspectives on the Right to Regulate: Shaping Investment Treaty Arbitration
Wolters Kluwer | Kluwer Arbitration Blog
by Ioana Knoll-Tudor (Addleshaw Goddard LLP), Markus Perkams (Addleshaw Goddard LLP) and Felix Dörfelt (Addleshaw Goddard LLP)
3d ago
On the second day of the 2024 Paris Arbitration Week (“PAW”), Addleshaw Goddard hosted another roundtable event titled “Evolving Perspectives on the Right to Regulate: Shaping Investment Treaty Arbitration.” The firm had assembled a five-star panel comprising Dr. Crina Baltag (Professor, Stockholm University), Marcin Kaldunksi (Professor, Nicolaus Copernicus University), Nico Leslie (Barrister, Fountain Court Chambers) and Leyou Tameru (Arbitration Expert, Tameru Wondm Agegnehu & Partners). The discussion was moderated by Addleshaw Goddard’s Frankfurt-based partner Dr. Markus Perkams and j ..read more
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New Frontiers of Energy Disputes in the Era of Low Carbon Transition and Geopolitical Turbulence: The Focus of the 12th ITA-IEL-ICC Joint Conference on International Energy Arbitration
Wolters Kluwer | Kluwer Arbitration Blog
by Stephanie Collins (Gibson Dunn and Crutcher LLP)
4d ago
This year’s ITA-IEL-ICC Joint Conference on International Energy Arbitration (the “Conference”), co-organised by the Institute for Transnational Arbitration was a whistle-stop tour of the new frontiers facing arbitration practitioners focused on the energy sector. There were, however, two themes that emerged as particularly significant: (i) the transition towards lower carbon economies; and (ii) the effects of geopolitical tensions, further discussed below.   (i) The Low Carbon Transition The concept, the “Low Carbon Transition”, refers to a shift from economies heavily dependen ..read more
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The Contents of the Yearbook Commercial Arbitration, Volume XLIX (2024), Upload 1
Wolters Kluwer | Kluwer Arbitration Blog
by Stephan Schill (General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)
4d ago
The first upload of materials for the 2024 volume of ICCA’s Yearbook Commercial Arbitration is now available on the KluwerArbitration database, with 22 court decisions from 10 countries. Here are some of the highlights. The Federal Court of Australia in Devas et al. v The Republic of India held that by becoming a Contracting State to the 1958 New York Convention, a State waives its sovereign immunity under Australia’s Foreign Sovereign Immunity (FSI) Act in relation to proceedings for recognition and enforcement of foreign arbitral awards. The Court reasoned that a finding to the contrary, tha ..read more
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Ambulances, Cliffs, and the Extinction of Arbitration Practitioners
Wolters Kluwer | Kluwer Arbitration Blog
by Sapna Jhangiani KC (Advocate, Arbitrator and Mediator)
5d ago
If the title of this blog scared you, it was meant to. In “The Future of the Professions,” authors Richard and Daniel Susskind, who are leading experts in law and tech, look at the impact of the current technological revolution on professional services. Their starting point is that professional service providers need to ask themselves what their clients really want. For example, a patient visiting a neurosurgeon most certainly does not want neurosurgery – they want health. And many current technological advancements in the medical field are focused on preventative medicine and health promotion ..read more
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2024 PAW: Sanctions and Arbitration: Lessons Learned and Possible Strategies
Wolters Kluwer | Kluwer Arbitration Blog
by Nadia Darwazeh and Sophie Grémaud (Clyde & Co )
5d ago
As part of the 2024 Paris Arbitration Week, Clyde & Co hosted a panel on “Sanctions and Arbitration: Lessons Learned and Possible Strategies.” The discussions addressed the impact of economic sanctions before, during, and after arbitral proceedings, from the perspective of professors, arbitrators, counsels, and institutions. The panel, moderated by Nadia Darwazeh, comprised Emmanuel Jolivet (General Counsel at ICC and ICC Court of Arbitration), Professor Caroline Kleiner (Arbitrator and Tenured Professor of law at Université Paris Cité), Ana Stanič (Founder and Lawyer at E&A Law), and ..read more
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