A company under liquidation cannot initiate arbitration proceedings

In one of its recent decisions, the Court of Appeal of Szeged ruled that a company under liquidation cannot initiate arbitration proceedings because this would be contrary to the purpose of the liquidation and the creditors’ interest. The Hungarian Supreme Court published this decision as guidance for other Hungarian courts. (Case no. EBH 2014.G.4., Szegedi Ítélőtábla Gf.I.30.014/2012.) (more…)

Investment Arbitration and the EU-USA Free Trade Agreement

The adoption of the Transatlantic Trade and Investment Partnership (TTIP) treaty by the EU and the US, including its Investor to State Dispute Settlement (ISDS) mechanism, should be a significant development in investment arbitration. Since the issue of “secret courts” is one of the focal points of protests against the TTIP, to form an informed opinion it is worth taking a look at the ISDS rules of the EU- Canada Comprehensive Economic and Trade Agreement (CETA), which is likely to serve as a regulatory model of the TTIP ISDS rules.