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The enforcement of intra-EU ICSID awards in Germany: anti-arbitration activism by the Bundesgerichtshof?

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 […]

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 […]

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 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 […]