Laws, treaties and soft law

UK parliament to vote on new arbitration law

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

“Unjust, undemocratic and dysfunctional”: UN report slams ISDS

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

UAE reforms arbitration law

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

UK withdraws ECT protections for Russian investors

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

Indian Supreme Court to review decision on unstamped agreements

After its controversial ruling earlier this year that unstamped arbitration agreements are unenforceable, India’s Supreme Court has agreed to refer the decision to a seven-judge bench for reconsideration.

29 September 2023

Mourre calls for more reform in China 

In a keynote speech at GAR Live Beijing, former ICC Court president Alexis Mourre urged China to go further in its proposed reforms to its arbitration law – arguing that a more liberal regime is needed for the country to fulfil its potential as a major arbitral hub.  

28 September 2023

The UK and ISDS in the CPTPP

Following the UK’s decision to accede to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, Stuart Dutson and Jonathan Schuman of Simmons & Simmons in London examine what it may mean for the country’s post-Brexit approach to investor-state dispute settlement.

27 September 2023

Rosneft asks Russian court to restrain BP arbitration

Rosneft has asked a Moscow court to block BP from pursuing an international arbitration – with the British company confirming the dispute does not relate to its ongoing effort to divest its stake in the Russian state-controlled entity.

27 September 2023

UN tribunal hears states on climate change   

Arbitration practitioners from several well-known law firms and chambers have appeared before a UN tribunal that has been asked to clarify states’ obligations to protect the world’s oceans from the effects of climate change.

26 September 2023

China adopts commercial exception to state immunity

Foreign states will no longer be granted immunity from suit or execution in mainland China and Hong Kong in respect of commercial activities following new legislation that takes effect from the start of next year.

25 September 2023

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