Energy Charter Treaty, Investor-State arbitration, Investor-state tribunals, ISDS, Procedure, Provisional measures

(Università degli Studi di Trieste and Luiss Guido Carli)/ /Leave a comment

On 23 July 2024, an ICSID arbitral tribunal in the case Klesch Group v. Germany issued a decision on provisional measures directing the respondent State to refrain from collecting certain windfall profits tax in order to protect the exclusivity of the ICSID arbitral proceedings and the status quo between the parties. This post will summarize…

China, ITA, Latin America, Mining Sector

(Legal Delta) and , (Debevoise & Plimpton LLP)/ /Leave a comment

On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.” Organized with the support of the Asociación Latinoamericana de Arbitraje (ALARB), this forum marked…

Brazil, Latin America

, (Adriana Braghetta Advogados)/ /Leave a comment

Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively support and promote arbitration. Despite this, the participation of Brazilian public entities in arbitration remains a subject of debate, even though legislative reforms aimed at…

Costs, Costs in arbitral proceedings, Security for Costs

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On 7 November 2024, the SCC Arbitration Institute (“SCC”) hosted a discussion on security for costs in international arbitration, with Anna Joubin-Bret, Secretary of UNCITRAL; Dr. Faris Nasrallah, Head of Arbitration at Crescent Petroleum; Dr. Monique Sasson, Partner DeliSasson and arbitrator with ARBITRA; Jake Lowther, Specialist Counsel, SCC Arbitration Institute, and moderated by Dr Crina…

Brazil, CAM-CCBC Congress, Latin America

(BMA Advogados )/ /Leave a comment

The second day of the CAM-CCBC Arbitration Congress XI (“Congress”) featured three insightful panels, each addressing critical topics in the field of arbitration. The first panel, moderated by Ms. Niamh Leinwather, discussed the media’s influence on arbitration. This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring…

Brazil, CAM-CCBC Arbitration Congress IX Edition, Latin America

(RMM Dispute Resolution)/ /Leave a comment

On October 14, 2024, CAM-CCBC hosted the XI edition of its Arbitration Congress in São Paulo. As usual, the Congress kick-started the São Paulo Arbitration Week, setting in motion a week of insightful discussions and valuable networking opportunities across the city. If you couldn’t make it or had to leave early (we’ve all been there),…

Arbitration institution, Arbitrators, Latin America, Peru

, (Rebaza, Alcázar & de las Casas)/ /Leave a comment

On September 21, 2024, Legislative Decree No. 1660 (“Decree”) was enacted. The Decree strengthens the National Registry of Arbitrators and Arbitration Centers (“RENACE”), mandating the registration of arbitration centers and arbitrators. RENACE was created in 2020 by the First Additional Final Provision of Urgent Decree No. 020-2020, which amended the legal framework for arbitration proceedings…

EU Competition Law, EU Law, Europe, European Court of Justice, European Law, European Union, Micula, State Aid

(Curtis, Mallet-Prevost, Colt & Mosle)/ /Leave a comment

On October 2, 2024, the EU General Court delivered a much-anticipated decision in the long‑running Micula saga, upholding the European Commission’s qualification of the award in Ioan Micula, Viorel Micula, S.C. European Food S.A, S.C. Starmill S.R.L. and S.C. Multipack S.R.L. v. Romania [I] as State aid. Coming after more than 10 years of litigation…

Brazil, Latin America

(FCDG Advogados)/ /Leave a comment

On September 4, 2024, the Chamber for Conciliation, Mediation and Arbitration of CIESP/FIESP (the Federation of Industries of the State of São Paulo, Brazil) released a new set of arbitration rules for the autonomous taking of evidence through arbitral proceedings (the “Rules”). This development, and the general trend it tends to set, builds on the…

Achmea, EU Law, German Federal Constitutional Court, International Investment Arbitration, International Investment Law, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, ISDS

(Schellenberg Wittmer)/ /Leave a comment

On March 6, 2018, the Court of Justice of the European Union (“CJEU”) delivered its (in)famous Achmea judgment (Case C-284/16), which subsequently became synonymous with the demise of investor-state arbitration in bilateral investment treaties between Member States of the European Union (“intra-EU BITs”). In this decision, the CJEU concluded that investor-state arbitration clauses in intra-EU…

Costa Rica, Latin America

(DJ Arbitraje) and (Ecija Abogados)/ /1 Comment

Costa Rica has long been heralded as a beacon of political, social and economic stability in the Americas. Its respect for the rule of law, coupled with a strong commitment to the peaceful resolution of disputes, has allowed it to develop a strong practice of alternative dispute resolution. The arbitration law adopted in 1998 (the…

Chile, Latin America

(Cuatrecasas)/ /1 Comment

The Chilean Court of Appeals (the “Court”) recently rendered a decision that underscores the importance of impartiality in domestic arbitration proceedings (the “Decision”). Particularly, the Court annulled an arbitral award after a disciplinary recourse was filed by the respondent against a sole arbitrator and granted for a reason which is highly unusual: the metadata of…

Arbitrator Bias, Challenge of Arbitral Award, English Arbitration Act, English courts

(Stephenson Harwood)/ /Leave a comment

In Aiteo Eastern E & P Company Ltd v Shell Western Supply and Trading Ltd & Ors [2024] EWHC 1993 (Comm) (01 August 2024), the Commercial Court considered in detail the principles set out in Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48 (“Halliburton“) on the question of apparent bias of an arbitrator in a challenge…

Caribbean, Latin America

, (HBN Law & Tax)/ /Leave a comment

What had to be a simple touch-and-go on the Curaçao, Caribbean airport for Venezuelan airline Albatros (officially named Alianza Glancelot C.A., “Albatros”) became a longer-term storage exercise of one of its few aircraft, leading to significant loss of revenue and jeopardizing its ability to stay afloat as an airline. Following a Florida seated arbitration in…

Construction, Dispute boards, Experts, FIDIC, ICC

(Lee & Ko) and (Lee & Ko LLP)/ /Leave a comment

On 17 and 18 October 2024, the International Chamber of Commerce (ICC) and FIDIC co-hosted the annual ICC FIDIC Conference on International Construction Contracts and Dispute Resolution in Seoul. During the two-day conference, the speakers presented an update on developments and trends in the construction industry while sharing their insights into contracts and disputes. This…

Construction, Dispute boards, FIDIC, ICC

(Lee & Ko) and (Lee & Ko LLP)/ /Leave a comment

On 17 and 18 October 2024, ICC and FIDIC co-hosted the annual ICC-FIDIC Conference on International Construction Contracts and Dispute Resolution in Seoul. On the second day, the panels focused more on dispute resolution aspects of construction projects and FIDIC.   Session 5: Part I—Recent ICC and FIDIC Highlights Day 2 commenced with updates on…

Achmea, Challenge of Arbitral Award, Switzerland

(Pestalozzi)/ /Leave a comment

Over the last decade, the Czech Republic has defeated several treaty claims that were brought by investors following reforms in the Czech solar power sector. The state’s winning streak ended in June 2024, when the Swiss Supreme Court upheld an arbitral award ordering the Czech Republic to pay over 350 million Czech koruna (15 million…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation, and current developments from over 60 countries and 12 institutions. To get your free subscription to the…

China, HK Arbitration Week, HKIAC, Hong Kong, Uncategorized

(King & Wood Mallesons)/ /Leave a comment

On the third day of Hong Kong Arbitration Week, the ADR in Asia Conference took place, featuring a morning panel on China’s Inbound and Outbound Investment: Impact on Disputes. Panelists provided regional insights into the evolving landscape of international investment disputes. The panelists shared their regional perspectives on the evolving landscape of international investment. Meg…

Chile, International Commercial Arbitration, Latin America, Multiple parties

(Pellegrini & Rencoret)/ /Leave a comment

On 28 May 2024, the Chilean Supreme Court rendered a landmark ruling in Albemarle Limitada v Emaresa Ingenieros y Representaciones S.A. & Or (see Case No. 10854-2024). The case concerned an international arbitration seated in Chile under the Law No. 19,971 on International Commercial Arbitration (“LACI”), which follows the UNCITRAL Model Law. This case raised…

Brazil, Brazilian Arbitration Act, Brazilian Superior Court of Justice, Latin America

(Ferro Castro Neves Daltro & Gomide Sociedade de Advogados) and (FCDG - Ferro, Castro Neves, Daltro & Gomide Advogados)/ /1 Comment

In Brazilian domestic arbitrations, it is not uncommon for parties to make arguments or requests based on the Brazilian Code of Civil Procedure (“BCCP”), even though the Brazilian Arbitration Act (“BAA”) does not provide for the application of such procedural rules to arbitral proceedings, not even on a supplementary basis. The question of whether the…

Eastern Europe, Foreign Investment Law, Investment Arbitration

, (IPLegals)/ /Leave a comment

Kosovo Law No. 04/L-220 on Foreign Investment (hereinafter, the “2014 Law on Foreign Investment”), which safeguarded foreign investors as a key element in promoting international economic cooperation and attracting foreign capital, has now been replaced by Law No. 08/L-209 on Sustainable Investments (hereinafter, the “2024 Law on Sustainable Investments”). The purpose of the 2014 Law…

Annulment, France, French Law, Independence and Impartiality

(Clyde & Co)/ /1 Comment

On 2 May 2024, the Paris Court of Appeal set aside an ICC award rendered on 1 September 2016 in Paris due to the existence of facts likely to cause, in the minds of the parties, a reasonable doubt as to the presiding arbitrator’s independence. This post will summarise and comment the judgment rendered by…

India, Singapore International Arbitration Centre

, (SIAC)/ /1 Comment
Singapore International Arbitration Centre (SIAC)

The Singapore International Arbitration Centre (“SIAC”) hosted its Annual India Conferences in Mumbai and Delhi on 6 and 7 September 2024. These Conferences were themed ‘New Developments and Reforms in International Arbitration: The Best Path Forward’, and brought together members of the judiciary, lawyers, in-house counsel, and other prominent figures in the field of international…