Art. 207 of the Lisbon Treaty defines the new common commercial policy of the European Union, and states that it shall furthermore relate also to “foreign direct investments”. This provision has the appeal of an outright earthquake, given that the field of foreign investment, and in particular investment treaties, has always been the exclusive realm [...] read more »
Archive for the 'Legislation' Category
New Rules on Domestic Arbitration and Their Relation to the Rules Governing International Arbitration in Switzerland
As of 1 January 2011, Swiss domestic arbitration proceedings will be governed by Articles 353 et seq. of the new Swiss Code on Civil Procedure (”CCP”). Articles 353 et seq. CCP will replace the Concordat on Arbitration (”Concordat”), currently governing domestic arbitration proceedings. The dichotomy between domestic arbitration and international arbitration will continue to exist, [...] read more »
Possible reinforcement of the negative effect of the “competence-competence” principle in Swiss legislation
The Swiss Parliament is currently contemplating a reinforcement of the negative effect of the “competence-competence” principle in the Swiss legislation. According to a parliamentary initiative, a Swiss court that is seized on the merits and faced with a plea of lack of jurisdiction based on the existence of a valid arbitration agreement should review such [...] read more »
Diplomatic Friction
At first glance, the Alien Torts Statute (ATS) doesn’t have a lot to do with arbitration – which may explain why Roger Alford wrote about it over on Opinio Juris, rather than here.
(The ATS permits non US nationals to bring claims in the U.S. Federal Courts for alleged breach of the law of nations, and [...] read more »
Germany Enacts Amendment to Its Foreign Trade and Payments Act
Germany has introduced an amendment to its Foreign Trade and Payments Act. It is a direct response to increased activities and acquisitions by sovereign wealth funds (SWFs), as they are often perceived to pursue economic as well as political aims. Despite this origin, the legislation does not only apply to SWFs. Instead, it allows the [...] read more »
The Regulation of International Arbitration by European Law: What Does the Future Hold?
The relationship between Arbitration and European Judicial Private Law has not always been easy. The bedrock European Law principle in this field, as embedded in the European Council Regulation (EC) No. 44/2001 of December 22, 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (“the Judgment Regulation”), is the [...] read more »
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