European Union: Towards a Simultaneous Withdrawal from the Energy Charter Treaty

Following the withdrawal of several European countries, including France, from the Energy Charter Treaty, the European Commission has submitted a proposal for a simultaneous withdrawal by all the Member States of the European Union. This is mainly the result of failed efforts to modernize the Energy Charter Treaty. The European Commission has called on the […]

The Hague Judgments Convention now in force within the European Union

The Hague Judgments Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which aims to facilitate global recognition of court decisions, has entered into force in the European Union on 1 September 2023. The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil […]

Latest news on duty of care

We organised a breakfast session this month on the expansion of the French duty of care and the resulting litigation risks for companies. This is a hot topic: On 25 May 2023, BPCE, BNP Paribas and Crédit Agricole were given formal notice by NGOs to stop financing the Swiss company Glencore, which contributes to the […]

Clarification of the interplay between the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods and the liability for defective products

The insurer of an Italian company, subrogated to the latter’s rights, sued a French company and its insurer on the basis of the liability for defective and non-compliant food ingredients, which were then to be incorporated by the purchasing company into its own products. In a ruling dated 21 October 2021 (RG 20/04472), the Versailles […]

Sultan of Sulu Case

Several Philippine nationals have initiated ad hoc arbitration proceedings concerning the interpretation and performance of an agreement concluded in 1878 between the Sultan of Sulu and two European explorers.  This agreement, described by the claimants as a “lease agreement” and by Malaysia as a “cession of territory and sovereignty“, covered the territories on the north […]

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 […]