On 6 May 2020, the European Commission announced that a majority of EU member states had signed the Agreement for the Termination of Bilateral Investment Treaties (BITs) between the Member States of the EU. The agreement will have a significant impact on the protective measures bestowed upon EU investors who have businesses in other EU … Continue reading Agreement for the termination of intra-EU BITs signed: the bell tolls?
The worry currently at the forefront of everyone’s mind is understandably the 2019 novel coronavirus disease (COVID-19) outbreak. On 12 March 2020, the World Health Organization (WHO) officially declared the outbreak a pandemic, meaning drastic measures have been taken across the globe to prevent its further spread. At the time of publication, there have been … Continue reading How COVID-19 might affect international arbitration
The Micula v Romania world tour continues. In a judgment handed down by the UK Supreme Court on 19 February 2020, the court held that the Miculas were entitled to enforce their ICSID award of approximately US $331 million against Romania, despite the fact that the award remains subject to an ongoing state aid investigation … Continue reading Micula v Romania: rematch clause activated?
In the recent decision of Kabab-Ji v Kout Food Group, the English Court of Appeal addressed the question of what law governs an arbitration agreement in the absence of an express provision. It went on to refuse the enforcement of an arbitral award on the basis that the party against whom the award was to … Continue reading Nom nom nom: recent Court of Appeal decision gives food for thought on no oral modification (NOM) clause in arbitration dispute
In November this year, the UK Supreme Court heard the appeal in the Halliburton v Chubb, which has been the subject of much scrutiny by the arbitration community recently.
Quantum of suffering The English High Court recently provided the Federal Government of Nigeria (FGN) some respite in its ongoing dispute with the British Virgin Islands company, Process & Industrial Developments Ltd (P&ID) by granting FGN leave to appeal and a stay on enforcement of the arbitral award made against it in January 2017. Having … Continue reading Federal Government of Nigeria granted stay of enforcement and leave to appeal in key arbitration case
In the latest round of the long-running Micula saga, the US District Court for the District of Columbia has confirmed an ICSID award against Romania, entering judgment for approximately US $331 million in an action to enforce the award.