A. LEGISLATION AND RULES A.1 Legislation Arbitrations seated in Belgium are governed by the Belgian Law on Arbitration (BLA), which is set out in part VI of the Belgian Judicial Code (BJC). There has been no significant change to the BLA in the year under review, and there are currently no changes under consideration or being proposed at the legislator’s level. A.2 Institutions, rules and infrastructure The Belgian Centre for Arbitration and Mediation (CEPANI) is…
A. LEGISLATION AND RULES A.1 Legislation In the 2017-2018 edition of this Yearbook, we reported about a working…
Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021) [click for opinion]…
AUSTRALIA Jo Delaney Charlotte Hendriks and Anita Juric A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to be governed by the International Arbitration Act 1974 (Cth) (IAA). There have been no further amendments to the IAA this year. In 2020, Australia signed the Regional Comprehensive Economic Partnership (RCEP), alongside 14 other signing countries, comprising the world’s largest free trade agreement. The RCEP has not yet entered into force, however the Australian Government is working…
KYRGYZSTAN Alexander Korobeinikov and Alissa Inshakova A. LEGISLATION AND RULES A.1 Legislation International arbitration in Kyrgyzstan continues to…
In May 2018, Spain requested the set-aside of an arbitral award in front of the Swedish Svea Court…
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties (“BITs”) concluded between EU member states, which peaked upon the issuance of the judgment in the case between Slovakia and Achmea by the CJEU on 6 March 2018.[1] In this judgment the CJEU examined the arbitration clause concluded in the Netherlands-Czechoslovakia BIT, and came to the conclusion that this clause was not in line with EU law.…
The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in…
FRANCE Eric Borysewicz and Karim Boulmelh A. LEGISLATION AND RULES A.1 Legislation A new Decree no. 2019-1089 on…
AUSTRALIA Jo Delaney and Charlotte Hendriks A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to be governed by the International Arbitration Act 1974 (Cth) (IAA). There have been no further amendments to the IAA this year. Australia has entered into two new free trade agreements, one with Indonesia and one with Hong Kong. The Australia-Hong Kong Free Trade Agreement entered into force on 17 January 2020. The Australia-Indonesia Comprehensive Economic Partnership Agreement (IA-CEPA) has…