Tag: Arbitration
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D.C. Circuit Upholds U.S. Jurisdiction Over Intra-EU Energy Charter Disputes but Limits Anti-Suit Injunctions Against Spain
In the cases of NextEra Energy Global Holdings B.V. v. Kingdom of Spain, 9REN Holding S.A.R.L. v. Kingdom of Spain, and Blasket Renewable Investments LLC v. Kingdom of Spain, the U.S. Court of Appeals for the District of Columbia Circuit addressed two issue: (1) whether arbitration agreements based on the…
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Sovereign immunity arbitration exception does not require a signature under the agreement
FSIA’s arbitration exception may exclude the immunity of a sovereign state even if it did not sign the arbitration agreement so long as it is bound by it under applicable ordinary contract law principles.
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Arbitration or litigation? Top eight characteristics to consider
When entering into a contract, parties typically want to focus on the positive value that the contract creates. However, this value will depend on whether the contract is properly performed. And the performance of the contact is safeguarded by the dispute resolution mechanism.