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Transforming Mediation: From Alternative to Compulsory Dispute Resolution; from Gentlemen’s Agreements to Enforceable Instruments

To resolve their commercial disputes with their business partners, companies increasingly prefer alternative dispute resolution (ADR) mechanisms, e.g. arbitration or mediation, over litigation. [...]

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International soft law instruments as Governing Law: a (right) choice?

When it comes to cross-border transactions, parties can agree to have their contracts governed by rules of law specifically tailored by private institutions to meet the needs of international [...]

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INVESTOR-STATE CASES UNDER THE ENERGY CHARTER TREATY – SYSTEMIC (IN)COHERENCE ON THE TIDE OF THE ACHMEA SAGA

The ECJ’s Achmea judgment (C-284/16) has caused a stir in the arbitration community – also with regard to the Energy Charter Treaty (“ECT”). Dr. Ewelina Kragiel, LL.M. examines: [...]

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Taking of Evidence in International Arbitration: IBA Rules v. Prague Rules?

There are few binding rules on the taking of evidence in international arbitration. For more certainty on how to deal with evidentiary issues, parties have, in countless arbitrations over the [...]

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What’s Trending in EU Investment Law & Policy? Part II: New Model BITs

Our two-part series on WHAT’S TRENDING IN EU INVESTMENT LAW & POLICY concludes with Dr Nicolas Klein’s analysis of new trends in Member States’ Model BITs. Meet our team at this week’s UNCTAD [...]

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What’s Trending in EU Investment Law & Policy? Part I: Screening of Inward Foreign Direct Investment Flows

On the occasion of the upcoming 2018 UNCTAD World Investment Forum in Geneva, our two-part series on WHAT’S TRENDING IN EU INVESTMENT LAW & POLICY, authored by Dr Nicolas Klein, sheds a light [...]

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Four Inconvenient But True Facts About Investor-State Dispute Settlement in the Post-Achmea Era

In March 2018, the Court of Justice of the European Union rendered its landmark decision in Case C-284/16 (“Achmea”). Müge Erdoğmuş explains why the ECJ’s ruling is neither surprising nor [...]

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From Administering Cases to Managing Projects: Running Complex Disputes

We are phasing in our newsfeed on international dispute resolution with partner AXEL BENJAMIN HERZBERG’s reflections on legal project management in dispute resolution. Whether in litigation or [...]

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