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Award upheld despite arbitral tribunal's refusal to reconsider its jurisdiction based on Achmea

In a recent decision(1) the Supreme Court found that an arbitral tribunal had not violated the plaintiff s right to be heard or procedural public policy. The arbitral tribunal had refused to reconsider its preliminary award on jurisdiction following the European Court of Justice s judgment in
Slowakische Republik v Achmea BV.
Facts
The dispute arose out of Spain s decision to end previously granted incentives for photovoltaic installations through the enactment of a new regulation in 2013. After this decision, 26 EU-based investors, which had made significant investments and taken the necessary steps to be able to benefit from such incentives, started arbitration proceedings against Spain based on Article 26(4)(b) of the Energy Charter Treaty (ECT), seeking damages for the violation of Article 10(1) thereof. A three-member arbitral tribunal was constituted in accordance with the United Nations Commission on International Trade Law Arbitration Rules, under the auspices ....

Tavernier Tschanz , Daniela Franchini , Slowakische Republikv Achmea , Supreme Court , International Law , Energy Charter Treaty , Permanent Court , European Court , Slowakische Republik , United Nations Commission , International Trade Law Arbitration Rules , Procedural Order , New Jurisdictional Phase , Private International Law Act , Arbitral Tribunal , Frank Spoorenberg , Aw Firms , Aw Updates , Egal Updates , Egal Developments , Aw Developments , Egal Newsletters , Egal Current Awareness , Egal Advisers , Egal Advisors , Egal Directory ,

Two Indian Parties Allowed to Choose Foreign Seat of Arbitration

Tuesday, May 4, 2021
Two Indian parties are entitled to elect a seat of arbitration outside India;
The expression “International Commercial Arbitration” in Part I of the Arbitration Act is party-centric, whereas, when used in the context of Part II signifies a place-centric approach;
Resultantly, a foreign seated arbitration between two Indian parties would qualify as “International Commercial Arbitration” under Part II of the Arbitration Act, and enforcement of a foreign award arising thereunder will have to be filed before the High Court;
Two Indian parties are entitled to interim reliefs before Indian Courts, even if their arbitration is seated outside India; ....

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U.S. District Court for the Eastern District of Pennsylvania: Actions Taken on March 23

U.S. District Court for the Eastern District of Pennsylvania: Actions Taken on March 23
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