Arbitration in Europe – from Dusk till Dawn

Presentation

European arbitration currently finds itself navigating a range of complex pressures, including:
- evolving EU sanctions policies limiting access to arbitration
- difficulties with administration of cases, payments of arbitration costs, hiring legal counsel, experts, etc
- restrictions on investment claims related to sanctions
- courts restrictive position on recognition and enforcement of some arbitral awards
- the CJEU’s prospective preliminary ruling on Stankoimport v Rebeil which raises doubts as to the EU as a seat, and the EU members’ laws as applicable laws.
- the Achmea judgment which has pushed intra-EU cases to be seated outside the EU
- expansion of Russian courts’ jurisdiction and anti-suit injunctions against EU seated arbitrations

These developments raise fundamental questions about access to justice, equality of arms, enforceability of awards, and the continued attractiveness of Europe as a forum for international arbitration. Are these merely challenging times — or do they mark a turning point? Is arbitration facing a period of decline, or could a renewed and more resilient system emerge from these pressures?
Join us for an engaging discussion on whether European arbitration is at dusk — or on the cusp of a new dawn.

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