On January 29, 2021, Canada and the European Union (EU) adopted four decisions related to the investor-state dispute resolution body established under the Canada-EU Comprehensive Economic and Trade Agreement (CETA) which move the parties one step closer to a fully fledged "investment court" system for the adjudication of investor-state disputes.
Read moreArbitration Update: A Summary of Recent Developments
In this update, we summarise some of the key cases and developments in the London arbitration market during the second half of 2020.
We highlight: i) the impact of Brexit on international arbitration; ii) two Supreme Court cases that have brought clarity to the law governing arbitration agreements and arbitrator impartiality; iii) two important decisions relating to ICSID proceedings and/or the enforcement of ICSID awards; iv) updates which have been made to the arbitration rules of the ICC and the LCIA to increase efficiency and transparency; and v) other notable cases relating to challenges to arbitration awards and the English Court's pro-arbitration stance in the context of anti-suit injunction applications.
Read moreFrance: Entry Into Force Of The New ICC Arbitration Rules And ICC Note To Parties And Arbitral Tribunals
The International Chamber of Commerce (the "ICC") has unveiled a revised version of its Rules of Arbitration (the "Revised Rules"). This new version, which came into force on January 1, 2021, applies to arbitration proceedings initiated on or after that date, unless otherwise agreed by the Parties. Although it does not introduce major substantive changes, this revision corresponds to the stated objective of the ICC President to "mark a further step towards greater efficiency, flexibility and transparency."
Read moreBrexit: key practical implications for disputes and dispute resolution clauses
Despite the UK and EU having finalised a Trade and Cooperation Agreement to govern their trading and security relationship following the end of the Brexit transition period, there remain a number of uncertainties when it comes to commercial dispute resolution in cases involving the UK and the EU. In this post we look at some key practical points for parties to consider, taking into account both what we do know and what remains unclear.
Read moreDrafting arbitration clauses: lessons learned in 2020
One of the many uncertainties of Brexit is the impact it will have on the enforcement of English court jurisdiction clauses and English court judgments across the EU. Despite the hopes of the legal community, the Trade and Cooperation Agreement does not contain any provisions on civil judicial cooperation, so there remains uncertainty over what will replace the previous regime as set out in the Brussels Recast Regulation and the Lugano Convention. The EU may agree to the UK acceding to the Lugano Convention but, for now, jurisdiction and enforcement of judgments will be determined by the Hague Convention on Choice of Court Agreements or national laws.
Read moreLitigating with a UK entity post Brexit
The Brexit transition period expired on 31 December 2020. From 1 January 2021 new rules apply when dealing with UK entities regarding which courts have jurisdiction to deal with disputes; how any UK court judgment can be enforced in Ireland and how to serve UK entities with Irish legal proceedings. This article considers each of these matters in turn. It is worth noting that neither arbitration nor mediation are affected by Brexit and those processes will remain as they currently are, including the ability to enforce Arbitration Awards under the New York Convention on the Recognition and Enforcement of Arbitration Awards, to which the UK and Ireland are both parties.
Read moreBrexit: governing law, jurisdiction and enforcing judgments
Relatively easy cross border enforcement of court judgments has been a quiet success of the EU. Now that we have the UK-EU Trade and Co-Operation Agreement we are able to report on how governing law, jurisdiction and enforcement of court judgments works post-Brexit between the UK and EU.
Read moreBrexit and dispute resolution issues
The Brexit transition period ended on 31 December 2020. The UK-EU Trade and Cooperation Agreement1 (currently applying on a provisional basis until ratification by the European Parliament) addresses many aspects of the future UK-EU relationship (including judicial cooperation in relation to criminal matters) but does not cover civil dispute resolution issues.
Read moreKey Dispute Resolution Considerations for In-House Counsel
Many international contracts select English law and English courts (or English law together with international arbitration). The reasons influencing this selection are unlikely to change as a result of Brexit. However, from 1 January 2021, the UK and the European Union have entered a new phase in their international legal relationship. This alert addresses what that means for governing law and dispute resolution clauses in international contracts, and what it means for the enforcement of UK court judgments within the EU (and EU court judgments within the UK).
Read moreBrexit trade talks extended as leaders pledge to go ‘the extra mile’
European Commission President Ursula von der Leyen said Sunday that Brexit trade talks with the U.K. will be extended beyond Sunday’s deadline, adding that “we think it is responsible at this point to go the extra mile.”
Von der Leyen spoke with British Prime Minister Boris Johnson via telephone on Sunday before releasing a joint statement. Both have now mandated their negotiating teams to continue their work.
Read moreDisputes after Brexit - a bumpy ride?
Whether the UK and EU agree a post-Brexit deal or not, the UK will leave the EU's jurisdiction and enforcement regime on 31 December, if only for a short period. The result will be turbulence for some organisations with European disputes on their hands, but a smooth ride for others, and any disruption may be short-lived. We explain why.I
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