Forum shopping

Another Nail in the Coffin for Arbitral Dispute Resolution Agreements in the EU – the Judgment of the CJEU in Poland v. PL Holdings

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In the latest episode of the intra-EU investment arbitration saga, the Court of Justice of the European Union ruled on 26 October 2021 in Poland v. PL Holdings (Case C-109/20) that EU Member States are precluded from concluding with investors from another EU Member State an ad hoc arbitration agreement identical to an arbitration clause of an international treaty deemed invalid under the CJEU’s Achmea case law (Case C-284/16). Read more… (Petra Ágnes Kanyuk)

Competent Forums for Setting Aside an Arbitral Award in the Context of Kosovo and UNCITRAL’S Legislation

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This article sets out to present the competent forums for setting aside an arbitral award within the legislation of Kosovo and in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958 and United Nations Commission on International Trade Law (UNCITRAL) Model Law on Commercial Arbitration 1985 with amendments as adopted in 2006. The article aims to show the importance of the systematic interpretation of Law No. 02/L-75 on Arbitration of the Republic of Kosovo, the Convention and the Model Law to find the final meaning of provisions that can serve as grounds to establish jurisdiction for setting aside an arbitral award, whether these provisions are the grounds of jurisdiction for setting aside a national or foreign arbitral award. Read more… (Fis Murati)

How can forum shopping help victims of corporate torts pursue an efficient legal remedy against violations of human rights?

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Corporations have been undertaking very risk-taking activities abroad. Since they are met with less protective legislations in third-countries, some subsidiaries have been conducting their business without proper respect for human rights. As a result, not only the subsidiaries but also the parent companies can be held liable for violations of such rights in civil proceedings in their home countries. However, there is no standard international convention or jurisdictional body to regulate the relation between business and human rights and the legal remedies that victims can access. In this regard, victims must call upon domestic courts in a pursuit of the most favorable jurisdiction to obtain a civil legal redress mechanism. Read more… (Rafael Lima Asche)