Safe Havens for Investment Arbitration: Switzerland, the United States, and the United Kingdom in the Post-Achmea Era

Our Swiss Arbitration Ambassadors for the US are taking us to New York Arbitration Week (NYAW) on 18 November fron 10:30 AM – 12:00 PM (GMT-4) for a panel that will explore the relationship between Switzerland as a preferred arbitral seat and the United States and the United Kingdom as leading enforcement forums, and whether these jurisdictions are becoming principal anchors of the international investment arbitration system in an increasingly fragmented legal landscape.

As the EU continues to challenge intra-EU investor-state arbitration following Achmea and Komstroy, Switzerland has emerged as a leading non-EU seat where tribunals and courts assess such disputes through the lens of public international law and treaty interpretation rather than EU constitutional principles (Swiss Federal Tribunal’s decision 4A_244/2023 (3 April 2024)).

At the same time, the US federal courts have become a key battleground for the recognition and enforcement of investment awards, generating important case law on the interaction between investment arbitration, sovereign immunity, and EU-law objections to enforcement.

The UK has similarly proven receptive to the enforcement of intra-EU ECT awards in the ICSID context, relying on the recognition and enforcement framework established by the ICSID Convention.

Speakers:

• Anya George (Schellenberg Wittmer, Zurich)
• Charles Claypoole (Latham & Watkins, London)
• Danielle Morris (King & Spalding, Washington, D.C.)

Moderators:

• Angelina M. Petti (von Segesser Law Offices, Zurich)
• John Pierce (Latham & Watkins, New York)

We look forward to seeing many faces in NYC!