An arbitral tribunal that finds that it has jurisdiction under Article 26 of the ECT in a dispute between EU investors and an EU Member State does not commit a manifest excess of power within the meaning of Article 52(1) of the ICSID Convention

In a decision dated 8 May 2023, an ICSID ad hoc Committee ruled on an application to set aside an award made in an arbitration brought under Article 26 of the Energy Charter Treaty (“ECT”) by Baywa R.E. Renewable Energy Gmbh and Baywa R.E. Asset Holding Gmbh against Spain. In its award dated 25 January […]

A foreign State’s express waiver of immunity from execution allows a creditor from the State to attach a tax receivable at the registered office in France of the person liable for payment

Where State’s assets are not specifically used or intended to be used in the exercise of diplomatic or consular missions, the State’s express waiver of immunity from execution is sufficient for the assets in question to be subject to an execution measure, regardless of their fiscal nature, and without the need for a special waiver. […]

Conciliation mandatory for disputes under €5,000

Decree no. 2023-357 dated 11 May 2023 reinstates article 750-1 of the Code of Civil Procedure and makes it mandatory, on pain of inadmissibility of the claim, for parties to attempt conciliation with a court-appointed conciliator before any claim on the merits for payment of a sum of less than €5,000 or in case of […]