Arbitration Team Coffee Break

NEWS

The Milan Chamber of Commerce’s 2023 Arbitral Tribunals

The Milan Chamber of Arbitration of Milan (CAM) has recently published a list of all arbitrators appointed under the CAM Rules in 2023.

For information on the practitioners appointed, click here.

Draft Statute for ISDS Advisory Centre by UNCITRAL group

Following discussions begun in 2019 among more than 70 states delegations and 40 international organizations, the UNCITRAL’s Working Group III recently finalised the draft statute for the creation of the UNICITRAL ISDS Advisory Centre.

The aim of the Centre is to provide support to legal entities and organisations to enhance their ability to prevent and handle international investment disputes.

UNCITRAL is expected to vote on the adoption of the draft statute in July.

DIFC Court of Appeal rules that an interim relief is enforceable as an award

On 19 March 2024, the Court of Second Instance of the Dubai International Financial Center (DIFC) issued the judgment Neal v. Nadir (Judgment) in which it upheld the enforcement of a foreign provisional award as an award under the DIFC Arbitration Law. DIFC affirmed that a foreign provisional award granting interim measures is enforceable as an award under the DIFC Arbitration Law.

The Judgment upheld a ruling of the DIFC Court of First Instance of September 2023, which ruled that a provisional judgment granting interim measures is not enforceable.

European Council approved the final withdrawal from the Energy Charter treaty

The European Commission is actively guiding the EU's coordinated exit from the Energy Charter Treaty (ECT) amidst concerns over its alignment with climate goals and its impact on the shift towards green energy. The Commission presented its strategy to the members of the European Parliament, focusing on three key pillars: first, securing EU-wide approval for withdrawal; second, advocating for the adoption of a modernized version of the ECT by remaining signatories at the Energy Charter Conference; and third, allowing selected EU member states the option to continue under a revised ECT if adopted. This coordinated effort aims to address longstanding criticisms of the ECT's investor protections, particularly in fossil fuels, which have impeded climate mitigation efforts.

Recently, the Council of the European Union finalized decisions approving the withdrawal of the EU and Euratom from the ECT, effective one year after formal notification to the treaty's depositary, Portugal. This decision, part of the “Belgian roadmap,” seeks to resolve internal EU disagreements while facilitating the modernization process for non-EU ECT parties. The EU had previously led efforts to reform the ECT, culminating in a 2022 agreement in principle on a modernized treaty that allows for excluding protections for fossil fuel investments. However, unanimous consent from ECT signatories is required for adoption, complicating progress.

Several EU member states, including France, Germany, Poland, and others, have already begun or announced formal withdrawals from the ECT, highlighting divisions within the EU on the treaty's future. Simultaneously, the EU faces significant legal challenges under the ECT, such as a notable

USD8 billion claim related to the Nord Stream 2 gas pipeline project. These developments underscore the intricate legal and geopolitical dynamics surrounding the ECT's evolution and the EU's broader strategies for climate action and energy policy.

EVENTS

Frankfurt Investment Arbitration Moot Court – 11-14 June 2024, Frankfurt

From 11 to 14 June 2024, the Frankfurt Investment Arbitration Moot Court (FIAMC), one of the most prestigious competition for university students of international investment arbitration, was held in Frankfurt am Main. As reported in the previous issue this year the Milan office of DLA Piper organized (for the fifth consecutive year) successful simulations in preparation for this prestigious competition. Matteo Fumagalli, lawyer at DLA Piper, Milan, travelled to Frankfurt to attend the event, including the side conferences organized by the FIAMC promoters (lead by Sabine Konrad and other arbitration institutions. The week featured insightful discussions.

On 11 June 2024 the ICC YAF Conference on “State Immunity – The Enforcement-Court Perspective” took place. The panel delved into the complexities of enforcing arbitral awards against sovereign states, examining recent case-law on state immunity in different jurisdictions and the increasing challenges faced by investors in enforcing assets of State-owned companies. The conference was moderated by Olga Sendetksa, (Associate, Freshfields Bruckhaus Deringer, Frankfurt) and saw the intervention by Paul Hauser (Counsel, Clifford Chance, Frankfurt) Nadja Harraschain (Associate, A&O Shearman - Frankfurt), Maanas Jain (Associate, Paul Hastings, London), Jackson Kern (Partner, Addis Law Group) and Amy Wei Wen, Counsel (CMS, Hong Kong).

Another highlight was the fireside chat with Jacomijn van Haersolte-van Hof (director general, LCIA), who shared her experience in leading the arbitral institution and offered an interesting perspective on the current changing trends in commercial arbitration and investor-state disputes.

In turn, the SCC Conference Experiences and Insights from Emergency Arbitrations involving Sovereign States provided an in-depth look at the emergency arbitration mechanism in both commercial and investment arbitration, also exploring the role of the SCC in developing such mechanism. The panel was moderated by Jake Lowther (Legal Counsel, SCC Arbitration Institute) and featured Allison Torline (Counsel, Busse Disputes), Boris Kasolowsky (Global Co-Head of International Arbitration and Partner, Freshfields Bruckhaus Deringer LLP), Claudia Annacker (Independent Arbitrator and Counsel, Annacker International Disputes) and Iuliana Iancu (Partner, Hanotiau & van den Berg).

The FIAMC saw Galatasaray University as the prevailing team, and, as usual in this occasion, represented an invaluable opportunity to engage with practitioners, coaches and students from all over the world.

ArbIt – Navigating Arbitral Seats Around the World – 12 June 2024, Rome

On 12 June 2024, the Italian Forum for Arbitration and ADR (ArbIt) hosted a conference as side event to the Italian Arbitration Day (IAD). The conference explored the world of arbitral seats, with enlightening and thought-provoking insights from distinguished speakers, including Federica Bocci, counsel at DLA Piper.

IAD – Italian Arbitration Day – 13 June 2024, Rome

On 13 June 2024 took place the Italian Arbitration Day in Rome. The event was jointly organized by the Italian Association for Arbitration and the Milan Chamber of Arbitration. It was dedicated to the “Geography of International Arbitration.”

Meet Your Female Arbitrator: A breakfast interview – 14 June 2024, Rome

On 14 June 2024 DLA Piper hosted a side event to the Italian Arbitration Day in its Rome offices. The event, organized by Arbitral Women, Young Arbitral Women Practice Group and with The Pledge, was entitled “Meet Your Female Arbitrator: A breakfast interview.”

Stefano Modenesi, Partner and Co-Head of International Arbitration of DLA Piper Europe, and Angelo Anglani, Partner at NCTM Rome, interviewed Natalia Petrik, Counsel at Westenberg, and Crina Baltag, associate Professor in international Arbitration at the Stockholm University, who provided the auditors with insightful tips for a successful career path in arbitration.

VIAC in the Eternal City! – 14 June 2024, Rome

On 14 June 2024, the Vienna International Arbitral Centre hosted the event “VIAC in the Eternal City!”, a joint event with the Milan Chamber of Arbitration, the Association for International Arbitration, and ArbIt. The event took place in Rome at the Austrian Embassy.

Berlin Dispute Resolution Days – 9-12 September 2024 – German Arbitration Institute (DIS)

Berlin Dispute Resolution Days will take place in Berlin from 9 to 12 September 2024. It will be an occasion for international exchange on Alternative Dispute Resolution.

Find the event programme here!

FROM THE BOOKSHELF

The Model Law Approach to International Commercial Arbitration, edited by Mark Campbell, provides a concise but complete overview of the international arbitration process. The book presents the individual entities that make up the arbitral process from start to finish.

Each chapter focuses on the key topics of international arbitration, introducing and explaining its essential features. In addition, the book highlights the most important fundamental principles in this subject matter such as party autonomy, the finality of awards and the need to limit judicial intervention. Practitioners of international arbitration will find this book a useful guide!