Arbitraje internacional

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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  10.03.2023

  Europe

  Se­cu­ri­ty for co­s­ts in en­fo­r­ce­me­nt pro­cee­di­n­gs in Ge­r­ma­ny – The Ge­r­man Fe­de­ral Su­p­re­me Court ad­ds another pie­ce to the pu­z­z­le

  Pursuant to Sec. 110 of the German Civil Procedure Code (ZPO), claimants who do not have their habitual place of residence in a member state of the EU/the EEA can be ordered to provide security for the costs upon request of the defendant if certain requirements are met. The provision aims at protecting the defendant from the difficulties related to the recognition and enforcement of a cost decision abroad.While Sec. 110 ZPO is designed for ordinary civil actions, it is recognised that the provision applies to other types of (state court) proceedings if the requirements of an analogous application...

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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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  16.02.2023

  International

  Wi­ll Coor­di­na­ted Eu­ro­pean Wi­th­d­ra­wal be the Dea­th Kne­ll of the Ene­r­gy Cha­r­ter Trea­ty?

  On 22 November 2022, the Energy Charter Conference (the “Conference”), the governing and decision-making body under the Energy Charter Treaty (the “ECT”), was scheduled to vote on the text of the modernised ECT at its meeting in Mongolia.  However, on the eve of the meeting, the Council of the European Union ("EU") failed to adopt a common position regarding the modernised ECT.  As a result, the European Commission requested a postponement of the vote on the modernised ECT.  The Conference granted the request and fixed April 2023 for finalisation of the discussion...

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  03.01.2023

  Reino Unido

  How Se­pa­ra­te is Se­pa­ra­te? Court of Ap­peal cla­ri­fies the sco­pe of the Se­pa­ra­bi­li­ty Pri­n­ci­p­le wi­th re­s­pe­ct to ar­bi­t­ra­tion ag­ree­me­n­ts

  Summary The Court of Appeal has clarified the application and scope of the fundamental principle that an arbitration agreement is treated as a separate agreement to the agreement in which it is incorporated (the “Separability Principle”). The court emphasised the difference between contract formation and contract validity and found that for the Separability Principle to apply, there needs to be a binding arbitration agreement in place at the first place, which has been concluded by reference to the general principles of contract formation. Where no arbitration agreement has been validly...

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  23.12.2022

  International

  In­te­r­na­tio­nal Di­s­pu­tes Di­ge­st - 2022 Wi­n­ter Edi­tion

  Welcome to the winter edition of the International Disputes Digest, our bi-annual publication that considers and analyses current trends in global dispute-resolution and their wider impact. With war raging in eastern Europe and no end to the conflict in sight, the world and the global economy continue to face complex challenges. In response to the invasion of Ukraine, Russian sanctions have impacted a world economy already suffering from supply-chain deficiencies and the aftermath of the COVID-19 pandemic. Economic stresses have also been magnified by the decision of western countries to reduce...

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