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After the invasion of Crimea and Donbas in 2014, several countries imposed economic sanctions on the Russian Federation and on Russian companies. The sanctions have been tightened after Russia’s invasion of Ukraine. An end to the sanctions and to a possible further tightening is not in sight. The sanctions had and continue to have a significant impact on international arbitration: a counsel may no longer be able to represent Russian parties, the appointment of arbitrators…

The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate. Traditionally, the prevailing opinion among scholars and courts has been that such disputes are not arbitrable.[1] More recently, this view has been challenged, with some scholars finding that arbitral tribunals should be, and are, competent to decide disputes concerning the validity and existence of patents – at least with inter partes-effect by ordering one party to apply…

The case at hand is, to our knowledge, the first and sole decision rendered by French courts in arbitration concerning issues related to the COVID-19 pandemic and its consequences.[1] Factual Background Boralex is the French subsidiary of a Canadian company specializing in the construction and the operation of solar and wind farms. InnoVent is a company incorporated under French law specializing in the construction of wind turbines. On 28 June 2012, Boralex and InnoVent concluded…

One year ago, the Higher Regional Court Frankfurt decided that the Achmea-decision[1] by the Court of Justice of the EU (“CJEU“) is transferable to arbitration clauses in other BITs (see Global Arbitration News on 22 April 2021). Factual Background Two banks who provide financial services in the Croatian market (= the investors) had initiated arbitration proceedings against Croatia based on the BIT between Croatia and Austria. Croatia sought a declaration that the arbitration proceedings were…