Illegality

Bolivia, Illegality, Investor-State arbitration, Latin America, Unclean Hands

(Dentons Guevara & Gutierrez)/ /Leave a comment

For several years, the uncertainty of the (un)clean hands principle has been subject to debate due to the diverse approaches taken by arbitral tribunals. However, in September 2023, the tribunal in Glencore Finance (Bermuda) Ltd. v. The Plurinational State of Bolivia (PCA Case No. 2016-39) may have indirectly settled the uncertainty. The case proposes a…

BVI, Compound Interest, Enforcement, Illegality, Public Policy

, (White & Case LLP)/ /Leave a comment

As most other arbitration laws, section 86(3)(b) of the British Virgin Islands (“BVI”) Arbitration Act 2013 provides that enforcement of arbitration awards may be refused where “it would be contrary to public policy to enforce the award.” This provision mirrors Article V(2)(b) of the New York Convention 1958 and section 103(3) of the English Arbitration…