Eastern Europe

Eastern Europe, Foreign Investment Law, Investment Arbitration

, (IPLegals)/ /Leave a comment

Kosovo Law No. 04/L-220 on Foreign Investment (hereinafter, the “2014 Law on Foreign Investment”), which safeguarded foreign investors as a key element in promoting international economic cooperation and attracting foreign capital, has now been replaced by Law No. 08/L-209 on Sustainable Investments (hereinafter, the “2024 Law on Sustainable Investments”). The purpose of the 2014 Law…

Eastern Europe, ECT Modernisation, ECT Withdrawal, Energy Charter Treaty, EU Withdrawal Act, European Union, Hungary, Intra-EU Investment Arbitration

(ESSEC Business School, Paris; Paragon Advocacy) and (Permanent Representation of Hungary to the European Union)/ /Leave a comment

On 26 June 2024, 26 of the 27 EU Member States, along with the EU, signed a Declaration on the Legal Consequences of the Judgment of the Court of Justice of the EU (“CJEU”) in Komstroy and a Common Understanding on the Non-applicability of Article 26 of the Energy Charter Treaty as a Basis for…

Brazilian Arbitration Act, CAM, COVID-19, Eastern Europe, Economic Sanctions, English courts, English Law, French Law, French Supreme Court, Italy, LCIA, Nigeria, Nigeria Arbitration and Mediation Act, Revision of Award, Russia, Sanctions, UK Supreme Court, Ukraine, UNIDROIT Principles

(BonelliErede)/ /Leave a comment

On 13 June 2024, Italian Arbitration Day took place in Rome. The full-day conference saw a large number of arbitration practitioners dealing with the issue of globalization and geography in the arbitration. This post offers an overview of the key takeaways from the discussion.   Introduction: The Past, Present, and Future of Globalization   After…

Arbitration, Eastern Europe, Fair and Equitable Treatment, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, Switzerland

(Bottega Di Bella)/ /6 Comments

In the 2000s, mortgages in Swiss Franc (CHF) were very popular among consumers in Central, Eastern and Southeastern Europe for the acquisition of both private and commercial properties, as the CHF was a stable and reliable currency and offered lower interest rates than loans in Euro or in local currencies. When on 15 January 2015…

Eastern Europe, Enforcement, Europe, New York Convention, Public Policy, Recognition and enforcement of arbitral award

(Jones Day)/ /Leave a comment
ArbitralWomen

Dr. Ileana M. Smeureanu 1)Ileana Smeureanu is an associate attorney with Jones Day (Paris). This article is based on a speech that the author gave at the ICC YAF/YAPP 6TH Joint Annual Colloquium “Young Approaches to Arbitration”, Vienna (Austria), 12 April 2014. The views expressed in this article are those of the author alone and…

Appointment of arbitrators, Arbitral seat, Arbitration, Arbitration Institutions and Rules, Costs in arbitral proceedings, Eastern Europe, International arbitration, Language of arbitration

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

2013 saw the establishment of Serbia’s first arbitration institution which is not affiliated to the State – Belgrade Arbitration Center (BAC), created under the auspices of the Serbian Arbitration Association, a non-governmental and non-profit association of legal professionals and other individuals interested in arbitration law and promotion of arbitration. BAC is the third arbitral institution…

BIT, Eastern Europe, Investment Arbitration, Uncategorized

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

The recent Rompetrol Group NV v Romania award provides rare guidance as to the requirements to be satisfied for a successful treaty claim arising from State conduct against individual company officers rather than the claimant investor itself. The investor claimed, inter alia, that the arrest, detention, criminal investigations and wire-tapping of its directors constituted State-sponsored…

Arbitration Awards, Domestic Courts, Eastern Europe, Enforcement

(CAI & Lenard )/ /Leave a comment

Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not entirely arbitration-friendly jurisdiction is “promoted” with common thought about problematic enforcement of arbitral awards in Ukraine. In well-known case “Regent Company v. Ukraine”, the European Court of Human Rights (in its decision of…

Arbitration, Arbitration Act, Arbitration Awards, Commercial Arbitration, Domestic Courts, Eastern Europe, Enforcement, English Law, European Law, New York Convention, Pro arbitration

(White & Case LLP)/ /Leave a comment
White & Case

Following the path of the hotly debated West Tankers decision, in African Fertilizers v BD Shipsnavo, the English Commercial Court held that a declaratory award is enforceable, allowing judgment to be entered on the same terms as the arbitral award. Such an order enables a party to obtain the material benefit of the award and…

Eastern Europe, Europe, Investment agreements, Investment protection

(Konrad & Justich)/ /5 Comments

Within the last two decades, over 30 new states emerged within the international community. From a political, economic, as well as a legal point of view, the formation of a state is always an expedition into unchartered waters. On a domestic level, the establishment of a sound legal system is the prerequisite for a stable…