Publications

COMPARATIVE VIEW ON THE ROLE OF DOMESTIC COURTS IN ARBITRATION: THE ROMANIAN LAW VERSUS THE UNCITRAL MODEL LAW

Abstract This paper is a comparative study between the Romanian legislation and the UNCITRAL Model Law. Its main goal is to identify the similarities and differences between the law applicable in Romania and the soft law instrument mentioned above, with respect to the role of domestic courts in the arbitral…

ESPF v. Italy: The Broadening Scope of Specific Representations under the FET Standard

Traditionally, one of the central pillars of the FET standard has been the protection of legitimate expectations. Legitimate expectations can be either based on a host state’s specific representations provided to the investor, or, under certain conditions, such expectation can be based on the regulatory framework that existed at the…

The Wake-Up to the Virtual Space in Arbitration

The trend of the virtual space has succeeded to make its way through the dispute resolution community which was rather opaque to using technology and move procedures or parts of them online. The sudden viral outbreak has been the triggering event that has generated popularity in the use of technology…

Arbitragiste pressé ? Le nouveau Règlement d’arbitrage CCI 2021 en une minute

Nouvelles technologies et centres d’arbitrage en Afrique

Arbitraje de inversión y energías renovables: algunas experiencias surgidas de los casos españoles - INVESTMENT ARBITRATION AND RENEWABLE ENERGY: EXPERIENCES FROM THE SPANISH SAGA

The purpose of the paper is to address some of the main investment arbitrations cases dealing with investments in the Spanish renewable energy sector and analyze differences and similarities in connection with potential investment arbitration claims that, hypothetically, could be initiated if the Argentine regulatory framework is amended in a…

COUNTRY REPORT ON LOCAL REQUIREMENTS FOR THE EXTENSION OF AN ARBITRATION CLAUSE TO, AND ENFORCEMENT OF AN ARBITRAL AWARD AGAINST A NON-SIGNATORY

EU law, Polish public policy? Polish court’s views on taking into account EU laws on state aid in setting aside proceedings

The article discusses the judgment of the Appellate Court in Warsaw concerning the scope of Polish public policy in setting aside proceedings. The main question addressed by the Court was whether the EU competition law has to be taken into account when establishing whether an arbitral award is in breach…

EU law, Polish public policy? Polish court’s views on taking into account EU laws on state aid in setting aside proceedings

The Appellate Court in Warsaw recently (Case No. I ACa 457/18) considered whether the EU state aid regulations form part of the Polish public policy, when considering an application to set aside an arbitral award. The Court decided that EU competition law has to be taken into account when considering…

“Don’t Walk Behind Me, I May Not Lead; Don’t Walk in Front of Me, I May Not Follow “ – Article 29(7) of the ICC Rules and Concurrent Judicial Jurisdiction

It is a generally accepted rule that while state courts have concurrent jurisdiction to hear and decide motions for interim relief prior to the constitution of an arbitral tribunal, they will only maintain such concurrent jurisdiction in appropriate or exceptional cases following such constitution.

The ICC Rules are unique in…