Laws, treaties and soft law

The Council of the European Union has approved a proposal to withdraw the EU from the controversial Energy Charter Treaty – as the treaty’s depositary Portugal becomes the latest member state to confirm its date of exit.

08 March 2024

As Slovenia’s date of exit from the Energy Charter Treaty is confirmed, the European Commission has urged EU member states not to block the adoption of a modernised version of the ECT even as they consider a coordinated withdrawal from the existing treaty.

04 March 2024

Honduras has made good on its threat to withdraw from ICSID over the centre’s handling of a US$11 billion claim, as the state also tries to disqualify arbitrator David W Rivkin from hearing that case.

01 March 2024

Germany’s Federal Ministry of Justice has published the draft of its long-awaited reforms to the country’s arbitration law – with practitioners welcoming provisions on digitalised proceedings and English documents being permitted in arbitration-related litigation.

14 February 2024

Israel has adopted new commercial arbitration legislation, putting it among the more than 120 jurisdictions worldwide that have adopted the UNCITRAL Model Law.

13 February 2024

Arbitration practitioners have been reacting to the news that the UK government is planning legislation to reverse the Supreme Court’s PACCAR decision last summer, after the lead claimant in a high-profile lawsuit against the UK Post Office highlighted the need for litigation funding.

16 January 2024

King Charles III has announced that the UK government will be introducing new arbitration legislation to implement the reforms suggested earlier this year by the Law Commission of England and Wales.

07 November 2023

A UN report has severely criticised the impact of investment arbitration on climate action and human rights – calling it “not fit for purpose in the twenty-first century” and recommending states withdraw their consent to arbitration under investment treaties.

02 November 2023

The United Arab Emirates has passed reforms to its arbitration legislation, allowing board members at arbitral institutions to accept tribunal appointments but potentially exposing them to civil suits – drawing mixed reactions from the arbitration community.

03 October 2023

The UK has invoked the Energy Charter Treaty’s denial of benefits provision to withdraw protections for special categories of Russian investors, including “mailbox” investors and those subject to the UK sanctions regime.

02 October 2023