Swedish Supreme Court yields to CJEU’s interpretation of Articles 267 and 344 TFEU, sets aside PL Holdings arbitration awards

In a judgment published on 14 December 2022, the Swedish Supreme Court amended the Svea Court of Appeal’s 22 February 2019 decision in Republic...

Mannheimer Swartling Advokatbyrå AB, Ministerstwo Finansów; Poland

ICSID Ad Hoc Committee’s Decision to Dismiss Madagascar’s Annulment Application Leaves Main Jurisdictional Objection Unanswered

Where an investment treaty gives a party a choice between ICC and ICSID arbitration, will a prior decision to pursue ICC arbitration bind them to...

DLA Piper, Eran Sthoeger, Esq., New York, N.Y., U.S.A., Prof. Dr. Makane Moïse Mbengue, Geneva, Switzerland

Success in Belgium, Setback in Sweden for Kazakhstan in Proceedings to Set Aside Enforcement of Ascom’s €500+ Million Arbitral Award 

Last week, two separate rulings were handed down by two different courts in the long-running Ascom and Others v the Republic of Kazakhstan dispute....

ICSID Tribunal Finds it Lacks Jurisdiction to Proceed with Arbitration under ICSID’s Additional Facility Rules And it Cannot Expand a Consent to Arbitration By Resorting to An MFN Clause in a Third Country BIT

The Arbitral Tribunal concluded that it lacked jurisdiction over claims by three Kimberly-Clark subsidiaries because Venezuela had not consented to...

Alfredo De Jesús O. - Transnational Arbitration, Litigation & Business Law, Paris, France, Gibson, Dunn & Crutcher LLP, Procuraduría General de la República, Caracas, Venezuela

Swiss Federal Supreme Court Affirms That Parties May Forgo The New York Convention For The Recognition and Enforcement of Their Arbitral Awards

In a judgement handed down on 17 June 2021 [an unofficial English translation of which can be requested at diego@taobserver.com], the...