Mark Mcneill

September 26, 2024 | National Law Journal

However, a closer read of the decision reveals that the circuit court may not be so willing to allow for the unbridled enforcement of intra-EU awards.

By Mark McNeill and Alexander G. Leventhal

7 minute read

June 07, 2024 | National Law Journal

European Union states and the European Commission argue that any offer to arbitrate in an intra-EU Biliateral Investment Treaty is void ab initio and an award rendered by virtue of such a BIT must be invalid for lack of jurisdiction. That position, however, has had less traction in jurisdictions outside of the EU.

By Mark McNeill and Alexander G. Leventhal

6 minute read

April 12, 2023 | National Law Journal

Judge Richard Leon of the D.C. District Court issued a decision in "Blasket Renewable Investments v. Kingdom of Spain" granting Spain's motion to dismiss an application to confirm an arbitral award issued under the Energy Charter Treaty. The decision leaves more questions than answers.

By Mark McNeill and Alexander G. Leventhal

6 minute read

March 07, 2023 | National Law Journal

Will the Supreme Court now look deeper into the question whether a valid arbitration agreement exists where, as in NextEra, the arbitration agreement is not a product of contractual privity, but instead is based on the investor's purported acceptance of the state's offer to arbitrate with unknown investors under a treaty?

By Mark McNeill and Alexander G. Leventhal

5 minute read