Publications - Dispute Resolution: Litigation and Arbitration
In April 2021, an opinion of the Advocate General of the Court of Justice of the European Union (CJEU) was issued in a case expected to become a milestone for intra-EU investor-state arbitration. While many had hoped that there would be a place for…
Filing an appeal against a Portuguese award is possible but parties should be aware of the details, requirements and peculiarities of this mechanism, especially when issues of constitutionality are raised during the proceedings.
The Portuguese Supreme Court of Justice (SCJ) has delivered a Decision uniformizing case law (SCJ Decision nº 2/2021, dated 07.05.2021) in the following sense: “The sale during insolvency proceedings of a mortgaged property, with a…
Investment arbitration has not been without its critics in recent years. Following the Achmea decision, which it has been said drove a stake through the heart of investment arbitration in the European Union, this mechanism has prompted criticism and…
The Andean Community Court of Justice (Tribunal de Justicia de la Comunidad Andina or TJCA) has clarified the cases in which arbitrators can request a “preliminary interpretation” (interpretación prejudicial) in the arbitration…
On June 10, 2021, China’s National People’s Congress Standing Committee passed the Anti-Foreign Sanction Law which comes into effective immediately. Similar to the EU’s “Blocking Statute”, the Law created a legal…
Some of the projected changes are aimed at making the Canary Islands Special Register of Vessels and Shipping Companies more competitive, removing the minimum amount for arresting vessels or the regulations of unmanned ships.
Determining the causes of the accident will make it clear who can claim from whom, where, what procedure to use, and the applicable law. Parallel claims are foreseeable including possible action for recovery from the various insurance companies…
On May 19 the Official State Gazette published Royal Decree 339/2021 of May 18 on the safety and pollution prevention equipment of recreational craft.