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NEWS
This Lords International Agreements Committee (IAC) is currently reviewing treaty scrutiny practice, and considering how scrutiny could be improved. Written evidence has been submitted by a range of organisations including the Bar Council, Law Society and the Hansard Society, and experts including Alexander Horne and Professor Holger Hestermayer.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the abandonment of the transaction on 16 December 2021; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger investigation into the proposed acquisition by International Airlines Group of Air Europa (M.9637). The proposed transaction involves a horizontal overlap in the market for the supply of passenger air transport services. Latest developments On 16 December 2021, the notification to the Commission was withdrawn and the parties announced that they had abandoned the transaction. Parties • International Airlines Group (IAG): IAG based in Spain and the UK, is the holding company of the Spanish flag carrier Iberia and the Spanish low-cost carrier Vueling, as well as the UK flag carrier British Airways, Level and the Irish flag carrier Aer Lingus. IAG is the third largest airline group in Europe, after Ryanair and Lufthansa, and the largest airline group in Spain.Iberia is a member of the Oneworld alliance.• Air Europa; Air Europa, which currently belongs to Globalia, a Spanish tourism
NEWS
Mealey’s: Natasha Tardif, co-head of Reed Smith’s European, Competition and Regulatory department and managing partner of the Paris office, focuses on litigation and advice with respect to issues in European and French government regulations (including competition, unfair trading, distribution, consumer protection, regulatory, data privacy, antibribery). They have a specific expertise in international investigations and litigation, with a unique multidimensional and multicultural approach allowing them to obtain unprecedented decisions such as multi-million fine cancelations and reversal of well-established rules. Alexandre Shamloo, an associate in the Competition and European Law department of the firm’s Paris office, advises and litigates European & French regulation, from antitrust and merger control to e-commerce, data privacy, and AI. Any commentary or opinions do not reflect the opinions of Reed Smith LLP or LexisNexis®.
NEWS
Arbitration analysis: In its decision of 21 October 2025, the Paris Court of Appeal ruled on the annulment of an arbitral award in which the arbitral tribunal had declined jurisdiction. The court recalled the well-known principles of French arbitration law regarding consent to arbitration, usually found in an arbitration agreement, which in the matter of international arbitration is not subject to any formal requirements, is independent from the contract in which it is contained (directly of by reference) and the existence and scope of which is assessed without the need to have regard to any state law. The court also clearly stated the method to be followed when ruling on the annulment of an award on the ground of Article 1520 1 of the French Code of Civil Procedure (ie the case when the arbitral tribunal wrongly upheld or declined jurisdiction) which does not relate to the merits of the case but rather consists in a full review of all legal and factual elements that are relevant to establish the existence and scope of the arbitration agreement. This decision can serve as a guide to parties before and after the conclusion of their contract to support the choice of Paris as the place of arbitration, which is a way to ensure: first, that they shall not be placed in the hands of an arbitral tribunal that would retain or decline its jurisdiction for no valid reason, second, that the existence and scope of the arbitration agreement will not be dependent upon a debate as to the determination of the law governing the arbitration agreement and its content, because pursuant to a material rule of French arbitration law, the arbitration agreement is not dependant from any state law, and third, that their decision to resort to arbitration will be given effect. Finally, both the rigor of the method followed by the Court and the magnitude of the litigation costs to be borne by the losing party should deter parties from engaging in frivolous proceedings. Written by Christophe Dugué, Avocat—independent arbitrator and counsel in international commercial arbitration cases, in English and French.
PRACTICE NOTES
BREXIT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For information on insurance distribution, see Practice Note: Impact of Brexit: Insurance distribution-quick guide. This Practice Note provides a brief overview of the International Association of Insurance Supervisors (IAIS) and its principal projects. The IAIS was founded in 1994 and it represents insurance regulators and supervisors from more than 200 jurisdictions in nearly 140 countries. Members include the European Insurance and Occupational Pensions Authority ( EIOPA), the Prudential Regulation Authority (PRA), the Financial Conduct Authority (FCA), and, from the USA, the Federal Insurance office and the Federal Reserve Bank. The IAIS's stated objectives, which are set out on its website, are to: • promote effective and globally consistent supervision of the insurance industry in order to promote and develop the fair, safe and stable insurance markets for the benefit and
NEWS
The International Bar Association Arbitration Committee has published a site visit model protocol for international arbitration. The Co-Chairs of the working group for the site visit model protocol, Ema Vidak Friedman and Zelda Hunter, have stated in the foreword that site visits can be a valuable tool in international arbitrations through providing context for the project and gathering evidence. To facilitate effective site visits, the IBA Arbitration Committee has developed a site visit model protocol, outlining best practices for conducting site visits. The protocol aims to promote a fair, efficient, and productive arbitration process. Its development was made possible through feedback from various contributors during a public consultation in late 2023.
NEWS
The International Bar Association (IBA) Arbitration Committee has announced its 26th Annual Arbitration Day which is scheduled to be held from 3- 4 April 2025 in London. Topics of discussion include the rule of law in international arbitration revisited, privatising disputes involving states, regulating for blue skies, raising new disputes and UNCITRAL Model law.
NEWS
The European Commission has highlighted findings of a new Business and Biodiversity Assessment by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES, warning that nature loss is becoming a systemic risk for economies, supply chains and financial stability. The assessment identifies more than 100 actions to close the global nature finance gap, noting environmentally harmful financial flows of €6.12trn in 2023 compared to €184.58bn invested in conservation and restoration, and that fewer than 1% of publicly reporting companies disclose biodiversity impacts. It also outlines EU initiatives, including a Roadmap towards nature credits, pilot projects and EU Green Week 2026 in June
GLOSSARY
International Central Securities Depositaries (ICSDs) are clearing and settlement systems for internationally traded securities. They provide cross-border securities services to banks, broker-dealers, custodians, agents and other institutions.
GLOSSARY
The International Centre for Settlement of Investment Disputes, an arbitral institution, part of and funded by the World Bank Group, headquartered in Washington, DC, USA. ICSID was established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention).
GLOSSARY
The International Chamber of Commerce. In international arbitration, the ICC, usually, refers to arbitration proceedings administered by the ICC’s International Court of Arbitration based in Paris, France. ICC arbitrations are conducted pursuant to the ICC Arbitration Rules. The institution also provides services for ad hoc arbitrations.
PRACTICE NOTES
Title International Convention for the Prevention of Pollution from Ships 1973 as modified by the 1978 and 1997 Protocols (MARPOL) Parties As at December 2017:MARPOL or its Annexes I and II—155 partiesAnnex III—147 partiesAnnex IV—141 partiesAnnex V—152 partiesAnnex VI—89 partiesSee International Maritime Organisation (IMO) status of conventions for more details Adopted 2 November 1973 Entry into force Annex I—2 October 1983 Annex II—6 April 1987 (major revision entered into force 1 January 2007)Annex III—1 July 1992 (major revision entered into force 1 January 2010)Annex IV—27 September 2003Annex V—31 December 1988Annex VI—19 May 2005 Full text MARPOL and the ‘How to do it guide’ are available to purchase from the IMO in hardcopy or as an online subscription (‘Marpol on the Web’) Subject Marine pollution, marine conservation MARPOL MARPOL is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. Preventing