Legal and commercial insights from the experts at Shepherd and Wedderburn LLP
Mediation is a powerful process – and is a valuable mechanism for resolving disputes, particularly international disputes. But what happens when parties fall out after the mediation, and enforcement becomes an issue. At the moment the parties are left to enforce their mediation agreement through the national courts, with all
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At the moment, most investors with a dispute against a state party can bring those disputes before arbitral tribunals comprised (usually) of party-appointed international law experts. A recent opinion by an advocate general of the Court of Justice of the European Union (“CJEU”) indicates that in future these types of
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Legal costs are an unavoidable part of the dispute resolution process and often become a dominant issue as cases progress through the courts. Generally speaking, the losing party has to pay at least a proportion of the winning party’s legal costs. It’s therefore important, before embarking on litigation, to consider
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by Claire Stockford and Julia Gontarska The Member States of the European Union have agreed to terminate all intra-EU bilateral investment treaties (“BITs”) following the 2018 Achmea judgment in which the Court of Justice of the European Union (“CJEU”) declared investor-state arbitration clauses in BITs incompatible with EU law.
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The International Centre for Settlement of Investment Disputes (ICSID) published a proposal for extensive changes to its rules for resolving disputes between foreign investors and states. Despite ICSID being one of the most utilised investment arbitration facilities, it takes on average three or more years for an award to be
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