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international litigation blog

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


UK Supreme Court Clarifies Restricted Scope of State Immunity in Employment Matters


On 18 October 2017, the UK Supreme Court (the UK Supreme Court) handed down a judgment (Benkharbouche v. Secretary of State and Libya v. Janah) in which it considered the scope of State immunity and held that it could be limited by human rights legislation in the context of the employment of domestic staff.READ MORE


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


Case to Watch: Dutch Supreme Court Expected to Rule on Applicable Law in Air-Cargo Competition Damage Claims


On 2 August 2017, the Amsterdam District Court handed down a ruling in which it announced its intention to refer to the Dutch Supreme Court the issue of which laws apply in mass damage claims brought against airlines carriers accused of having operated a cartel in the air-cargo sector.

In 2010*, the European Commission adopted a decision in which eleven air carriers (including British Airways, Air France/KLM, Air Canada and Lufthansa) were fined a total of almost EUR 800 million for fixing prices for fuel and security surcharges on airfreight services.

In the aftermath of this decision, many allegedly injured customers brought follow-on damage claims in multiple jurisdictions against the air-carriers, seeking compensation for their losses. The case at hand is one of those follow-on damage claims and was initiated before the Dutch courts by Stichting Cartel Competition, a litigation vehicle consolidating the claims and representing the interests of 266 freight customers.

Among the many complex issues which arise in the context of this dispute, the question of which law actually applies to such follow-on damage claims is particularly interesting.READ MORE


Exclusive Interview with George A. Bermann (Columbia Law School)


Dear Reader,

As this blog aims at providing fruitful and inspiring thoughts in the field of international litigation and arbitration, I thought that an innovative way to deliver those objectives would be to seek insights and reflection from prominent international litigators and arbitration practitioners.

The first person to have kindly agreed to answer my questions is Professor George A. Bermann.READ MORE