On 8 July 2015, the European Parliament approved its recommendations to European Commission Transatlantic Trade and Investment Partnership (TTIP) negotiators, by 436 votes to 241, with 32 abstentions. The recommendations include a call for a new justice system to resolve investor-state disputes. We will report further shortly.

In Hellenic Petroleum Cyprus Ltd & Anor [2015] EWHC 1894 (Comm), the English Commercial Court granted an application under section 67 of the Arbitration Act 1996 to set aside an award. The court found that the arbitrator had no substantive jurisdiction because there was no arbitration agreement between the parties.

In Lao Holdings NV v Lao People’s Democratic Republic (ICSID Case No. ARB(AF)/12/6), an ICSID tribunal rejected the claimant’s attempt to revive claims that had been settled, after it alleged that Laos had breached the settlement agreement.

In VRG Linhas Aereas S/A v. MatlinPatterson Global Opportunities Partners II L.P., No. 14-3906-CV, (2d Cir. July 1, 2015), the US Court of Appeals for the Second Circuit affirmed the US District Court for the Southern District of New York’s decision to refuse to enforce an arbitral award rendered in Brazil because the parties had not clearly and unmistakably agreed to arbitrate the question of arbitrability (see Legal update, New York Convention does not apply to arbitral award where parties never agreed to arbitrate (NY District Court)). The Second Circuit affirmed the decision for the same reasons given by the District Court.

In BCB Holdings Ltd. v. Gov't of Belize, No. CV 14-1123 (CKK), (D.D.C. June 24, 2015), the US District Court for the District of Columbia confirmed a US$22 million LCIA award against the state of Belize. The award had already been enforced at the seat of arbitration (England). Belize unsuccessfully argued that the US court should defer to a Belize court ruling that the award violated Belizean public policy.

The 17th EU-China bilateral summit took place in Brussels on 29 June 2015. Both sides are apparently set to intensify their efforts at the expeditious conclusion of an ambitious and comprehensive investment agreement, which will include investment protection. The priority for the negotiating teams is now to seek convergence on the scope of the Agreement and establish a joint text by the end of 2015.

According to a press report, France has indicated that it will not approve the Canada/EU Comprehensive Economic and Trade Agreement (CETA) unless the ISDS provisions are amended.

The Bar Council of India is in London this week to meet with law firms following its reported agreement to a government proposal to allow foreign law firms to provide legal services in international arbitration cases seated in India.

On 5 July 2015, His Majesty King Hamad bin Isa Al-Khalifa of Bahrain ratified and issued law (9) for 2015 on the promulgation of the law on arbitration.