Investment arbitration in EU: excess of power and jurisdiction under Article 26 ECT
An arbitral tribunal’s finding that it has jurisdiction under Article 26 of the Energy Charter Treaty in a dispute between EU investors and an EU Member State does not manifestly exceed its powers pursuant to Article 52(1)(b) of the ICSID Convention. On 2 March 2023, an ad hoc committee rendered a decision on a request […]
Investment arbitration in EU: could choosing London as the seat of arbitration revive a defunct intra-EU BIT?
In a judgment dated 8 March 2023, the Amsterdam District Court opened the door to the question of whether choosing London as the seat of arbitration could revive an intra-EU BIT now prohibited by the Commission, the Member States and the ECJ. The Netherlands and Poland terminated, effective 2 February 2019, the BIT that had […]
Enforcement of arbitral awards against States under Sanctions: a new challenge
In addition to the classic difficulties relating to immunity, the enforcement of arbitral awards against certain States faces an additional obstacle following a ruling by the CJUE on November 11, 2021: the freezing of assets subject to sanctions. Tunisian company Siba Plast carried out several attachments on various assets of the Libyan National Transitional Council […]
Suspension of the statute of limitations in the case of expert proceedings: a useful reminder from the French Cour de cassation
While in principle the suspension and interruption of the statute of limitations may not be extended from one legal action to another, this is not the case when the two legal actions have the same purpose, as is the case with the warranty of hidden defects and the action for breach of the seller’s obligation […]