Martina Magnarelli, Author at Kluwer Arbitration Blog

Achmea, ECT Modernisation, European Court of Justice, European Union, Fair and Equitable Treatment, fossil fuels phase out, Investor-State arbitration, ISDS Reform, right to regulate, Treaty Making

Expert Roundtable: The Energy Charter Treaty at a Crossroads

Martina Magnarelli (Seven Summits Arbitration), Alessandro Monti (University of Copenhagen), and Matteo Fermeglia (Hasselt University )/November 18, 2022October 31, 2022 /Leave a comment

The Centre for International Law and Governance, University of Copenhagen, in cooperation with Hasselt University and Seven Summits Arbitration, recently hosted an expert roundtable on “The Energy Charter Treaty (ECT) at a Crossroads”. The discussion, moderated by the three authors of this post, focused on the relationship between investor-state dispute settlement (ISDS), investment protection, modernization…

Arbitration Agreement, CISG, General Terms and Conditions, New York Convention

Still Not Ready to Cast the Dice: German and Italian Courts Tread Lightly on the Issue of CISG and Arbitration Agreements

Martina Magnarelli (Seven Summits Arbitration)/April 12, 2022April 11, 2022 /Leave a comment

On 26 November 2020, the German Federal Supreme Court (Bundesgerichtshof—BGH) intervened in the “disputed” question of the applicability of the CISG to arbitration agreements (I ZR 245/19, para. 28). The Decision—based on the specific factual circumstances of the case and the most-favorable-law provision (Article VII) of the New York Convention on the Recognition and Enforcement…

Dissenting opinions, German law, Germany, Italian law, Italy, Reasoned Awards, Reasoning, secrecy of deliberations

I dissent – can I? A Closer Look at the Higher Regional Court of Frankfurt’s decision of 16 January 2020 from a German-Italian Perspective

Martina Magnarelli (Seven Summits Arbitration), Gregorio Pettazzi (Freshfields Bruckhaus Deringer), and Federico Parise Kuhnle (White & Case)/March 20, 2021March 24, 2021 /Leave a comment

The Higher Regional Court of Frankfurt (OLG Frankfurt) delivered a decision on 16 January 2020 (Judgment) that has sparked interesting reactions to an already open debate in Germany on dissenting opinions (see previously on this Blog, here and here). But this decision also allows for a comparison of how German and Italian arbitration law, both…

Arbitration, CAM, DIS, Emergency Arbitrator, Germany, Interim measures, Italy

“Do You Know the Land Where Lemon Blossom Grows?” – Journey into the Italian Arbitration Rules on Interim Measures

Martina Magnarelli (Seven Summits Arbitration)/February 26, 2020February 25, 2020 /1 Comment

Goethe’s famous journey along the Italian peninsula left humanity a collection of verses that still make him the most notorious German author worldwide. Amongst others, he expressed his fascination for the country in these few lines: “Do you know the land where lemon blossom grows? / Amid dark leaves the golden orange glows. /A gentle…

Amicus Curiae, Arbitration, Energy Charter Treaty, European Commission, European Law, European Union, Intra-EU BITs

The Future of Intra-EU ECT Claims in the Face of EC Opposition: Boom or Bust?

Eric Leikin (Freshfields Bruckhaus Deringer LLP) and Martina Magnarelli (Seven Summits Arbitration)/September 15, 2017September 8, 2017 /Leave a comment

Young ICCA

Reliance on the investor-state dispute resolution (ISDS) mechanism of the Energy Charter Treaty (ECT) is booming, with at least ten new cases registered in the past year alone. Notably, nine of these ten cases – and almost 60% of all publicly reported cases initiated to date – have been brought by an investor from a…