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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – France

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A. LEGISLATION AND RULES A.1 Legislation On 13 July 2023, the French National Assembly (AssemblĂ©e Nationale) voted in favor of Article 19-1 of the Ministry of Justice Orientation and Programming Bill 2023-2027, which confers confidentiality on legal consultations by in-house counsel in civil, commercial and administrative matters. While this “legal privilege” has long been called for by legal departments, the Conseil National des Barreaux (CNB)[1] had adopted a resolution reaffirming its opposition to the bill,…

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In Europe

Baker McKenzie International Arbitration Yearbook 2023-2024 – Uzbekistan

by 6 Mins Read

A. LEGISLATION AND RULES A.1 Legislation Arbitration in Uzbekistan continues to be governed by domestic legislation, as well as by international treaties ratified by Uzbekistan. Uzbekistan is a party to a number of international and regional treaties that relate to arbitration, including the New York Convention and several CIS treaties. Additionally, Uzbekistan is a member state of the ICSID, and investors therefore have the right to seek settlement of disputes within the framework of this…

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In Europe

Baker McKenzie International Arbitration Yearbook 2023-2024 – Ukraine

by , and 15 Mins Read

A. LEGISLATION AND RULES A.1 Legislation Ukraine is a civil law country; thus, the issues of international arbitration are governed primarily by the following: Court precedents are not considered to be a source of law in Ukraine; however, the courts of lower instances shall give due regard in their decisions to the conclusions of law made by the Supreme Court and the Great Chamber of the Supreme Court. With regard to international treaties, Ukraine is…

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In France

Defining violations of international public policy under French law: a confirmed new standard

by and 9 Mins Read

On 24 October 2023, the Paris Court of Appeal delivered an influential decision for the international arbitration community[1]. It partially annulled an award that had condemned the Bolivarian Republic of Venezuela (“Venezuela”) for breaching the provisions set out in an investment treaty, in the light of public policy considerations and the meeting of the applicable standard. In 2001 and 2006, Serafin GarcĂ­a R. Armas and his daughter, Karina GarcĂ­a Gruber (“the investors”), bought shares in…

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