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15 March 2018
Issue: 7785 / Categories: Legal News , Arbitration
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Arbitration landscape changes following ECJ ruling

Investor-state arbitration clauses in investment treaties between EU Member States are incompatible with EU law, the European Court of Justice has ruled in a landmark judgment.

The decision, in Achmea v Slovak Republic (Case C-284/16), means international organisations must use tribunals in the relevant local country for arbitration rather than choosing one in a preferred location. The case arose from arbitral proceedings that were held in Frankfurt but concerned the 2004 liberalisation of the Slovak health insurance market.

Hogan Lovells partner Markus Burgstaller, who acted for the Slovak Republic, said: ‘As many arbitrations under such treaties are currently pending, the Court's judgment is likely to have far-reaching consequences. Arbitral tribunals will have to analyse very carefully the impact of this landmark decision on cases before them.’

Issue: 7785 / Categories: Legal News , Arbitration
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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