Arbitraje de inversión

Artículos Recientes

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  30.03.2023

  Reino Unido

  Law Co­m­mi­s­sion Re­lea­ses Se­co­nd Co­n­su­l­ta­tion Pa­per in Re­la­tion to the Ar­bi­t­ra­tion Act 1996

  The Law Commission of England and Wales has released its second consultation paper regarding potential revisions to the Arbitration Act 1996. In contrast to the First Consultation Paper issued in September 2022 covering many potential reforms, the Second Consultation Paper focuses on just three issues. The first potential reform—the governing law of the arbitration agreement—was added because a “significant number” of responses to the First Consultation Paper considered the need for reform in this area. Also, based upon the responses received to the First Consultation Paper,...

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  21.02.2023

  Europe

  Su­n­ri­se pe­riod of the Uni­fied Pa­te­nt Court to be­gin 1 Ma­r­ch

  After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023, was postponed to 1 March 2023.Reasons for the postponement of the start of the Sunrise PeriodAccording to an "Implementation Roadmap" published on 6 October 2022, the Sunrise Period was originally to start on 1 January 2023 and the UPCA was to enter into force on 1 April 2023. However, this timeline was changed again by a communication of 5 December 2022. According to the new timeline, the Sunrise...

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  13.09.2022

  Europe

  UPC Ru­les of Pro­ce­du­re go in­to fo­r­ce wi­th ju­d­g­me­n­ts to be ma­de pu­b­lic

  The entry into force of the Rules of Procedure is part of the final preparations for the United Patent Court (UPC), which is currently expected to start work in early 2023. After the bodies of the UPC were constituted in the course of the year, interviews were held with possible candidates for filling judges' posts and numerous other preparations were made. On 8 July 2022, the Administrative Committee of the UPC met and officially confirmed the locations of the Court of First Instance. The "table of fees", which determines the amount of court fees, was also adopted. Finally, the Administrative...

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  01.08.2022

  England and Wales

  Ru­s­sia sa­nc­tio­ns up­da­te: UK ba­ns new in­ve­s­t­me­nt in­to Ru­s­sia

  New UK sanctions regulations have come into force imposing the most rigorous restriction on doing business with Russia since the invasion of Ukraine on 24 February 2022. The twelfth amendment to the Russia (Sanctions) (EU Exit) Regulations 2019 aims to “close off revenue streams that the Russian government could leverage” in order to “deepen…sanctions measures” and encourage Russia to “respect international law and the territorial integrity of sovereign nations”. It is now a criminal offence, imprisonable by a maximum term of seven years, for a UK citizen...

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  04.07.2022

  International

  Su­s­tai­na­b­le De­ve­lo­p­me­nt Goa­ls and Reac­ti­ve Le­gal Li­mi­ta­tio­ns Pe­r­va­de the Dra­ft Mo­de­r­ni­sed Ene­r­gy Cha­r­ter Trea­ty

  On 24 June 2022, the 53 Contracting Parties of the Energy Charter Treaty (ECT), a key multilateral treaty protecting cross-border energy investments that was originally concluded in 1991, reached a tentative agreement regarding the modernisation of the ECT and approved a Public Communication explaining the main changes in their agreement-in-principle (the “Communication”). This milestone marks the end of a nearly five-year-long period of discussions and negotiations. The Communication states that “[t]he agreement in principle is without prejudice regarding its final assessment...

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  24.06.2022

  International

  Sto­c­kho­lm Ar­bi­t­ra­tion Tri­bu­nal De­nies Ju­ri­s­di­c­tion over In­t­ra-EU In­ve­s­t­me­nt Di­s­pu­te un­der the Ene­r­gy Cha­r­ter Trea­ty

  In a groundbreaking award, dated 16 June 2022, made in Green Power Partners K/S and SCE Solar Don Benito APS v The Kingdom of Spain, a tribunal constituted under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) unanimously denied its jurisdiction ratione voluntatis over an intra-EU investment dispute arising under the Energy Charter Treaty (“ECT”), a multilateral treaty that has been ratified by some 50 countries as well as the European Union. This is the first known award to deny jurisdiction on the basis that EU law applies...

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