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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…

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Switzerland continues to be governed by Chapter 12 of the Swiss Private International Law Act (PILA). On 1 January 2021, a partial revision was enacted to eliminate some ambiguities and to modernize the law, reflecting also the case law of the Swiss Supreme Court of recent years. [1] A.2 Institutions, rules and infrastructure Per June 1, 2021, the Swiss Chambers’ Arbitration Institution (SCAI) became the Swiss…

A. LEGISLATION AND RULES There have been no relevant legal developments on arbitration in Spain during 2021. B. CASES B.1       Award annulment proceedings: the interpretation of a contractual clause cannot be alleged as contrary to public policy when the arbitration award is reasoned and compliant with the applicable foreign law. Judgment of Madrid High Court of Justice No. 27/2021 dated 4 May 2021 In this case, the parties had entered into a Liquefied Natural Gas…