In Micula v. Romania,[1] a D.C. district court judge recently enforced an investor-state arbitration award in a case brought by nationals of a European Union (âEUâ) state against another EU state. This is the first decision by a U.S. court concerning enforcement of an âintra-EUâ investment treaty award since the European Court of Justiceâs decision in the Achmea case[2] last year, which held that such awards are not enforceable. Several cases seeking enforcement of intra-EU…
On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE (“Strabag”) for the initiation of…
In Tennant Energy LLC (USA) v. Government of Canada (PCA Case No. 2018-54), a NAFTA tribunal addressed the…
In its decision dated 28 May 2019 (case No. 4A_543/2018 (in German), selected for publication in the official court reporter), the Swiss Federal Supreme Court (SFSC) addressed a number of issues involving the United Nations Convention on Contracts for the International Sale of Goods (CISG) concerning inter alia: the point of time when the international character of a sales agreement is determinedthe express and implied exclusion of the CISGthe parallel application of the Swiss provisions on…
The Achmea decision and its aftermath are still a hot topic in the international arbitration community. In the…
In its decision dated 7 May 2019, the Swiss Federal Supreme Court (SFSC) clarified the requirements of a…
While it hasnât been a record year for most arbitral institutions, the demand for arbitration is still very strong. As in the previous years, we have compiled the numbers published by the arbitral institutions to date. Recently, the ICC made its 2018 statistics report available for download. We had a look at these numbers and updated this blog post. We will update this blog post again when further statistics become available (1). We also compare…
From June 13 to 14, the Deutsche Institution fĂŒr Schiedsgerichtsbarkeit e.V. (DIS) and the law firm Klauberg Baltics…
In its decision dated 17 April 2019, the Swiss Federal Supreme Court (SFSC) confirmed for the first time…
Traditionally in the Czech Republic, both national and foreign arbitration awards could have been enforced either in standard court enforcement proceedings or in proceedings administered by court-appointed bailiffs. While procedurally enforcement through a bailiff is an alternative to the enforcement through a court, the former possesses a few clear advantages. Some of the advantages include the absence of a court fee or the more pro-active role of the bailiff when it comes to investigating the…