The recent developments concerning the signature of the Comprehensive Economic Trade Agreement (CETA) between Canada and the EU have illustrated the paralysis and inability of the EU and its Member States to deliver economic prosperity and create jobs – which used to be one of the very reasons for establishing the EU and giving it…

On a reference from the Cour d’Appel de Paris, A.G. Wathelet upholds the primacy of an arbitral award as compatible with Art.101 TFEU in Genentech, Inc. v Hoechst GmbH / Sanofi-Aventis GmbH, Case C-567/14 (Opinion of Advocate General Wathelet: 17 March 2016). 1. The Facts 1.1 The Patent License In 1992 a predecessor of Hoechst/Sanofi-Aventis…

It is fair to say that arbitration is already a widespread dispute mechanism in Portugal, broadly used not only for commercial disputes but also for disputes in other areas such as, for example, consumer, administrative and tax disputes. As for intellectual property, the possibility of submitting disputes to arbitration has been a reality in Portugal…

A ruling of the Austrian Supreme Court, the Oberste Gerichtshof in Vienna, Austria, of earlier this year (see ruling of 18 February 2015, 2 Ob 22/14w) raises anew the much debated question of the type and intensity of supervisory court review of European Union (EU) competition law awards. Readers may recall that EU competition law…

This is the second part of a post related to arbitration and antitrust follow-on damages claims in Europe. Part 1, which addressed problems of jurisdiction ratione materiae that arise in relation to follow-on damages claims, is accessible here. Part 2 of this commentary addresses additional challenges and opportunities that warrant attention when the possibility of…

This post, which will be presented in two parts, proposes to pick-up on a subject addressed in an earlier commentary posted by R. Bellinghausen and J. Grothaus regarding the CJEU’s decision in CDC v. Akzo Nobel et al [See Judgment C-352/13]. As highlighted in the earlier post, the CJEU’s recent decision raises a number of questions…

Queen Mary University of London & Wilmer Cutler Pickering Hale and Dorr LLP The Journal of International Arbitration was created over thirty years ago to “exchange ideas, share experiences and learn from each other of the practical problems encountered in arbitration proceedings”.  Since then, the issues raised in, and problems faced by, the international arbitration…

On 21 May 2015, the CJEU rendered a landmark decision regarding questions of jurisdiction under the Brussels I Regulation (recast as Regulation 1215/2012, previously Regulation 44/2001) in the case of cartel damage proceedings. We may be grappling with this decision for a long time albeit it does not explicitly address arbitration. The CJEU’s judgment brings…

On 25 March 2015 the Court of Cassation of France handed down a new decision dealing with the so called “unilateral”, “optional”, “hybrid”, and “asymmetrical” jurisdiction clauses giving choice to one contractual party where to bring action against the other. Earlier in 2012, the same court issued the much discussed Rothschild decision which stated that…

On 13 May 2015, the CJEU handed down judgment in Gazprom (C-536/13). As readers will recall, the case concerns whether an EU court must refuse to give effect to an anti-suit award granted by an EU seated arbitral tribunal on the basis that such a measure is incompatible with EU Regulation 44/2001 (the “Brussels I…