Investment Arbitration

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Recent Articles

  •  
    27/10/2023
    International

    In overturning USD 11 billion award for fraud, High Court invites discussion on arbitration’s ability to resolve large disputes involving states

    On 23 October, in The Federal Republic of Nigeria v Process & Industrial Developments Ltd. [2023] EWHC 2638 (Comm), Mr Justice Robin Knowles found that an arbitration award for USD 11 billion had been “obtained by fraud” and thus was “contrary to public policy.” While the Court has yet to decide whether the award should be entirely set aside or remitted to the arbitral tribunal, Mr Justice Knowles invited discussion upon how his factual findings touched upon several key issues central to the rule of law and the conduct of arbitration including the ability of the arbitral...
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  •  
    24/07/2023
    Europe

    The European Commission Proposes to Exit from Energy Charter Treaty as Modernisation Proves Politically Impossible

    On 7 July, the European Commission issued a statement proposing that the EU, its Member States, and the European Atomic Energy Community (“Euratom”) withdraw from the Energy Charter Treaty (“ECT” or the “Treaty”). Due to opposition to the proposed modernisation of the ECT, the Commission determined that “there is no legal and/or institutional avenue for the modernisation of the ECT to be adopted and produce its effects” and that without modernisation, the EU (and its Member States and Euratom) cannot remain a party to the Treaty. The Commission also...
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  •  
    13/06/2023
    Middle East

    UAE Corporate Tax Law: When does a non-resident juridical person have a UAE Nexus?

    BackgroundThe UAE enacted its Corporate Tax Law (the “CTL”) in December 2022 (Federal Decree-Law No. (47) of 2022 on the Taxation of Corporations and Businesses). The CTL came into force on 1 June 2023. The main corporate tax rate of 9% applies on income exceeding AED 375,000 (roughly USD 102,000). The CLT provides that the rate of corporate tax which applies to “Qualifying Free Zone Persons” is 0% with respect to qualifying income and 9% on non-qualifying revenue.Under Article 11 of the CTL, a taxable person includes a non-resident person which has a UAE nexus.Cabinet Decision...
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  •  
    12/04/2023
    Middle East

    UAE Corporate Tax: Small Business Relief Criteria

    BackgroundThe UAE issued its landmark Corporate Tax Law in December 2022 (Federal Decree-Law No. (47) of 2022 on the Taxation of Corporations and Businesses). The Corporate Tax Law applies with effect from 1 June 2023.The Corporate Tax Law provides a framework whereby small businesses who qualify as Resident Persons may elect to be treated as not having any taxable income for a tax period and therefore would pay zero corporation tax for that period (the “Small Business Relief”). However the Corporate Tax Law did not specify the criteria that Resident Persons would need to meet in order...
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  •  
    30/03/2023
    United Kingdom

    Law Commission Releases Second Consultation Paper in Relation to the Arbitration Act 1996

    The Law Commission of England and Wales has released its second consultation paper regarding potential revisions to the Arbitration Act 1996. In contrast to the First Consultation Paper issued in September 2022 covering many potential reforms, the Second Consultation Paper focuses on just three issues. The first potential reform—the governing law of the arbitration agreement—was added because a “significant number” of responses to the First Consultation Paper considered the need for reform in this area. Also, based upon the responses received to the First Consultation Paper,...
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  •  
    21/02/2023
    Europe

    Sunrise period of the Unified Patent Court to begin 1 March

    After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023, was postponed to 1 March 2023.Reasons for the postponement of the start of the Sunrise PeriodAccording to an "Implementation Roadmap" published on 6 October 2022, the Sunrise Period was originally to start on 1 January 2023 and the UPCA was to enter into force on 1 April 2023. However, this timeline was changed again by a communication of 5 December 2022. According to the new timeline, the Sunrise...
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