Dear readers,
Now that 2018 is well underway, I wanted to mark the beginning of the new year by summarizing some key arbitration/international litigation highlights from 2017 and to discuss what 2018 is likely to offer.READ MORE
On 23 and 24 November 2017, the Council of Ministers of OHADA (“L’Organisation pour l’Harmonisation en Afrique du Droit des Affaires” – OHADA) adopted three major tools aimed at favouring alternative dispute resolution mechanisms in African countries. More specifically, the Council of Ministers adopted (i) a new Uniform Act on Mediation; (ii) a revised Uniform Act on Arbitration; and (iii) updated rules of arbitration of the Common Court of Justice and Arbitration (the CCJA).READ MORE
This is atypical enough to be noted: Franklin Dehousse, a former judge at the EU General Court (the lowest of the two courts housed at the Court of Justice of the European Union (CJEU)), recently filed, before his former court, a legal action against the CJEU on the grounds of mismanagement.READ MORE
On 27 October 2017, the Belgian government approved a draft bill for the creation of a Brussels International Business Court (the BIBC). As its name suggests, the BIBC will have jurisdiction to deal with international business and commercial disputes between companies or corporations.READ MORE
On 18 October 2017, the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (the Mauritius Convention or the Convention) will enter into force. This follows Switzerland’s ratification of the Convention on 18 April 2017*.
The Mauritius Convention (which was drafted under the auspices of the United Nations Commission on International Trade Law – UNCITRAL) extends the applicability of the UNCITRAL Rules on Transparency in Treaty-based investor-State Arbitration (the UNCITRAL Transparency Rules), to investor-State arbitration proceedings conducted under an investment treaty concluded before 1 April 2014.READ MORE
On 19 June 2017, the U.S. Supreme Court (the Supreme Court) adopted an interesting decision narrowing the scope of personal specific jurisdiction in U.S. civil procedural law. READ MORE
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