July 2017 - international litigation blog
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July 2017

July 28, 2017 In Annulment of arbitral awards, Investment Law, State immunity By Quentin Decleve

Recent Developments in Investment Disputes: ICSID, The Energy Charter Treaty, Solar Industry and FSIA

Arbitration claims for breaches of the Energy Charter Treaty have emerged in the last couple of years, as certain countries have tried to reduce or place restrictions on financially favorable regulatory measures aimed at promoting renewable energy.

Two of those arbitration cases have recently come under the spotlight and I found that it would be interesting to provide you with a general description of those two cases.READ MORE

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July 20, 2017 In International comity, Recognition and enforcement of arbitral awards, Recognition and enforcement of foreign judgments By Quentin Decleve

International Litigation on Steroids: Citigroup Global Mkts., Inc. v. Fiorilla

Although the case below does not shed light on any new legal development, it is nevertheless an interesting story which offers a prime example of a plaintiff willing to use each and every possible trick in the context of international litigation and arbitration to (unsuccessfully) achieve his goal.READ MORE

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July 12, 2017 In Act of State doctrine, State immunity By Quentin Decleve

Hong Kong Court Sets High Standard for Crown Immunity Exception

On 8 June 2017, the Hong Kong Court of First Instance (the Court) ruled in TNB Fuel Services Sdn Bhd v. China National Coal Group Corporation that a Chinese state-owned enterprise was not entitled to rely on the doctrine of Crown immunity in proceedings relating to the enforcement of an arbitral award unless this company could demonstrate that it bears almost no independence and acts fully under the control of the Crown.READ MORE

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July 3, 2017 In Uncategorized By Quentin Decleve

CJEU Rules on Mandatory Mediation before Court Proceedings in Consumers Claims

On 14 June 2017, the Court of Justice of the European Union (the CJEU) handed down a judgment interpreting, in light of Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer disputes (Directive 2013/11/EU), the conditions under which mandatory out-of-court mediation should take place before a consumer can initiate court proceedings against a trader.READ MORE

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