Publications

ODR – A Solution for Consumer Disputes and Cross-Border E-Commerce Disputes

“Online justice” is considerably untapped and lagging behind all types of administrative, civil and commercial services, which have been available online since the mid-1990s. This article presents an overview of the various aspects involved in settling disputes online and some of the reasons that have prevented online dispute resolution (ODR) from succeeding to…

Limits of confidentiality in international commercial arbitration

The Advocate General calls for additional requirements to be satisfied in order for an individual arbitration agreement in intra-EU investment arbitration to be compatible with EU law

On April 22, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU“) under case file no. C-109/20 (“Opinion“). The Advocate General dealt with the question whether an EU Member State can implicitly agree to investment arbitration…

The Advocate General calls for additional requirements to be satisfied in order for an individual arbitration agreement in intra-EU investment arbitration to be compatible with EU law

Can Virtual Hearings Work In Domestic and International Arbitration in the Philippines?

Supreme Court prescribes limit for filing application for appointment of arbitrator

Energy Charter Treaty and EU law - the Advocate General’s opinion calling for broadening the reasoning from Achmea Judgment to ECT and CJEU’s jurisdiction over a case concerning non-EU Members

On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU“) under case file no. C-741/19 (“Opinion“) in favour of the CJEU’s jurisdiction over a request for preliminary ruling to interpret the Energy Charter Treaty…

Energy Charter Treaty and EU law – the Advocate General’s opinion calling for broadening the reasoning from Achmea Judgment to ECT and CJEU’s jurisdiction over a case concerning non-EU Members

The article discusses the recent Opinion of the Advocate General issued in the proceedings before the Court of Justice of the EU under case file no. C-741/19. The case may have implications for investment arbitration proceedings stemming from the Energy Charter Treaty within the EU.

The Overlap Between Insolvency Proceedings and Arbitration: The Potential for Abuse and Inconsistent Results?

Countless businesses are experiencing the detrimental financial effects of COVID-19. According to forecasts, insolvency rates will reach new record highs and in some cases even exceed those of the 2009 financial crisis. A large proportion of such disputes could ultimately be subject to arbitration, as this is one of the…

Digest of international mutual legal assistance (Chronique de coopération judiciaire)

This yearly digest provides analysis of court judgments relevant to interactions of legal orders, namely dialogue between state judges and arbitrators.