Luís Heleno Terrinha Assistant Professor, NOVA School of Law Of Counsel, PLMJ Lawyers[1] On 27 July 2023, the Bundesgerichtshof (BGH) handed down a judgement in which it issued an anti-arbitration injunction at the request of the German Federal Republic.[2] The background to this is that Mainstream Renewable Power Ltd. had initiated ICSID proceedings against Germany […]
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The enforcement of intra-EU ICSID awards: shortcomings of the British approach
Luís Heleno Terrinha Of Counsel, PLMJ Lawyers[1] Assistant Professor, NOVA School of Law This post discusses the reasoning behind the judgment of the High Court of Justice, dated 24 May 2023, on the dispute between Infrastructure Services Luxembourg S.À.R.L. and Energia Termosolar B.V. v. Kingdom of Spain (available here and discussed here). A later […]
Articles 8 and 9
ARTICLE 8 – RESERVATIONS 1. A Party to the Convention may declare that: (a) It shall not apply this Convention to settlement agreements to which it is a party, or to which any governmental agencies or any person acting on behalf of a governmental agency is a party, to the extent specified in the declaration; […]
Article 6
ARTICLE 6 – PARALLEL APPLICATIONS OR CLAIMS If an application or a claim relating to a settlement agreement has been made to a court, an arbitral tribunal or any other competent authority which may affect the relief being sought under article 4, the competent authority of the Party to the Convention where such relief is […]
Article 5, No. 2, b)
ARTICLE 5 – GROUNDS FOR REFUSING TO GRANT RELIEF 2. The competent authority of the Party to the Convention where relief is sought under article 4 may also refuse to grant relief if it finds that: (b) The subject matter of the dispute is not capable of settlement by mediation under the law of that […]
Article 5, No. 2, a)
ARTICLE 5 – GROUNDS FOR REFUSING TO GRANT RELIEF 2. The competent authority of the Party to the Convention where relief is sought under article 4 may also refuse to grant relief if it finds that: (a) Granting relief would be contrary to the public policy of that Party; or Find the introduction and […]
Article 5, No 1, f)
ARTICLE 5 – GROUNDS FOR REFUSING TO GRANT RELIEF 1. The competent authority of the Party to the Convention where relief is sought under article 4 may refuse to grant relief at the request of the party against whom the relief is sought only if that party furnishes to the competent authority proof that: (f) […]
Article 4, No. 1, 3 and 4
ARTICLE 4 – REQUIREMENTS FOR RELIANCE ON SETTLEMENT AGREEMENTS 1. A party relying on a settlement agreement under this Convention shall supply to the competent authority of the Party to the Convention where relief is sought: (a) The settlement agreement signed by the parties; (b) Evidence that the settlement agreement resulted from mediation, such as: […]
Article 2, No. 3
ARTICLE 2: DEFINITIONS 3. “Mediation” means a process, irrespective of the expression used or the basis upon which the process is carried out, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person or persons (“the mediator”) lacking the authority to impose a solution upon the parties […]
Article 2, No. 2
ARTICLE 2: DEFINITIONS 2. A settlement agreement is “in writing” if its content is recorded in any form. The requirement that a settlement agreement be in writing is met by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference. Find the introduction and context of this […]