On 8 September 2023, a tribunal comprising Prof. Ricardo Ramírez Hernández (President), Prof. John Gotanda and Prof. Philippe Sands issued its award in Glencore Finance (Bermuda) Ltd v. Bolivia (PCA Case No. 2016-39), a bilingual (English and Spanish) UNCITRAL arbitration under the UK-Bolivia bilateral investment treaty (the “Treaty”). A decision on interpretation and correction of…
Precautionary measures in international arbitration is a topic that never ceases to raise new questions and enhance further advancements due to its growing use and constant development. For instance, Mexico has experienced some improvements in these last decades regarding aspects such as anti-arbitration injunctions, powers of the court to order interim measures, the scope of…
The 2022 report of Colombia’s National Agency for Legal Defense of the State (the “Agency”) provides insightful information about costs in investment arbitration (the “2022 Report”). Based on a statistical analysis, it (i) establishes current trends and criteria in connection with the allocation of costs in investment arbitration, and (ii) determines the average costs of an…
This contribution comments on growing global trends in climate change and the important role arbitration can play in the settlement of this type of dispute, specifically in the future dispute resolution landscape in Latin America. In June 2022, the Center for Climate Change Economics and Policy (CCCEP) and the Grantham Research Institute on Climate Change…
While prior to the COVID-19 pandemic it was usual for international arbitration practitioners to conduct videoconferencing or telecommunications remotely for certain procedural events (i.e., initial case management conferences or witness examinations), pandemic restrictions imposed in early 2020 led to a substantial change in the way international arbitration proceedings are conducted—forcing practitioners to hold any kind…
