Publications - Dispute Resolution: Litigation and Arbitration
Projected reform of the arbitration legislation in Morocco: does it correctly address the issues encountered with the current legislation?
Morocco has proposed a bill that would amend its current arbitration regulations, which were posing an obstacle to promoting this alternative method for resolving disputes in the country. The aim of the bill is to help convert the country into a…
Poland v. PL Holdings: another milestone for the future of intra-EU investor-state arbitrations
In April 2021, an opinion of the Advocate General of the Court of Justice of the European Union (CJEU) was issued in a case expected to become a milestone for intra-EU investor-state arbitration. While many had hoped that there would be a place for…
Arbitration: a brief overview of the appeal mechanism against a Portuguese award
Filing an appeal against a Portuguese award is possible but parties should be aware of the details, requirements and peculiarities of this mechanism, especially when issues of constitutionality are raised during the proceedings.
China Issues its 'Blocking Statute'
On June 10, 2021, China’s National People’s Congress Standing Committee passed the Anti-Foreign Sanction Law which comes into effective immediately. Similar to the EU’s “Blocking Statute”, the Law created a legal…
Keys to the enforcement of foreign arbitration awards in mainland China
China has been building up and improving its legal regime for recognition and enforcement of foreign awards since the nation joined the New York Convention in the 1980’s. In this article we give an overview on the key issues regarding the…
New IBA rules on 2020 international arbitration: updates concerning remote hearings, cybersecurity, expert reports or witness statements
The International Bar Association (IBA) approved, on December 17, 2020, the revised IBA Rules on the Taking of Evidence in International Arbitration (‘IBA Rules 2020’), finally published on February 17, 2021. The revised rules have been…
Brexit places the UK out of the judicial cooperation area in the EU; will this be the end of English law in the continent?
English law, courts and lawyers are a popular option for business transactions in the EU. Brexit could possibly change that, not so much because of obstacles to a valid choice of English law or the enforceability of judgements rendered by English…
Brexit: A boost for international arbitration?
The departure of the United Kingdom from the EU will not affect the enforceability of English arbitration awards. Accordingly, in international commercial contracts, arbitration could be a more attractive alternative to litigation as it entails…
Joinder of third parties in international arbitration
The complexity of international operations, as well as the existence of multiple contracts and the plurality of parties, often makes it necessary to involve third parties in the arbitration proceedings. Therefore, it is important to take…
Relieving the trial backlog: Arbitration to the rescue?
In view of the current overload of judicial bodies as a result of the COVID-19 standstill, arbitration can take a step forward and come to the rescue of the parties in dispute who want their conflicts to be resolved quickly.
COVID-19 impact on investment arbitration
It is thought that the measures adopted to tackle the global crisis caused by the appearance of COVID-19 will be a catalyst for foreign investors filing claims against states. While we are likely to see an increase in investment arbitration in the…
Towards a common response to COVID-19 from the arbitration world: A call to arms
The stakeholders in international arbitration (arbitral institutions, tribunals, counsel and parties) have responded to the difficulties and challenges of the COVID-19 pandemic by forging a closer cooperation to provide a common response to…