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China Signs The Hague Convention on Choice of Court Agreements

On 12 September 2017, the People’s Republic of China (China) signed The Hague Convention of 30 June 2005 on Choice of Court Agreements (the Convention).

This Convention aims at encouraging international judicial cooperation by requiring courts of member States (i) to respect exclusive forum clauses agreed upon by parties in their commercial agreements (Chapter II of the Convention); and (ii) to recognise and enforce judgments and court decisions rendered abroad (Chapter III of the Convention).READ MORE

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Latest Developments on Multilateral Investment Court – EU Commission Holds Stakeholder Meeting

As I have already discussed in previous articles, the European Commission (the Commission) has been pushing forward a proposal for the establishment of a multilateral investment court (the Multilateral Investment Court) in order to address the numerous criticisms concerning existing investor-State dispute resolution (ISDS) mechanisms.

In essence, the Commission’s proposal aims at dealing with procedural issues arising in the context of ISDS. In this vein the Commission proposes:

(i) The creation of a Multilateral Investment Court which would have exclusive jurisdiction to rule on investment claims and would therefore render forum-shopping and multiple parallel proceedings impossible;

(ii) That this Multilateral Investment Court would consist of a First Instance Tribunal and an Appellate Tribunal;

(iii) That judgments would be made by publicly appointed judges; and

(iv) That proceedings would be transparent; and

(v) That all interested parties would have a right to intervene.READ MORE

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Brexit (1): Can Arbitration be Used to Fix Unresolved U.K.-EU Matters?

Brexit is definitely a source of political, legal, financial and diplomatic uncertainties. It is also a source of discussions in arbitration and international litigation circles. Indeed, Brexit will certainly have an impact of London has a hub for arbitration (something that we discussed earlier with Professor Bermann), but it will also have a strong impact on the litigation practice in the United Kingdom (the U.K.).

In this context, I have decided to devote a series of blog posts on those issues. The first of those blog posts has kindly been drafted and prepared by my colleague, Benedict Blunnie (intern at Van Bael & Bellis) on the possibility, for the European Union (the EU) and the U.K., to have recourse to arbitration as a means to solve their unfinished business.READ MORE

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