International Public Policy

2022 in Review, Advance on Costs, Annulment, Applicable Law, Duty to Disclose, France, International Public Policy, Intra-EU Investment Arbitration

(Laborde Law) and (Pinsent Masons)/ /Leave a comment

This post provides a review of the most noteworthy arbitration-related developments in France in 2022. In a nutshell, last year, French courts consolidated previous approaches and solutions endorsed in 2020 and 2021, and confirmed major developments of French arbitration law.   The Fear of a Substantive Review of Awards by the Annulment Judge Are French…

Force majeure, International Public Policy, Russia, Sanctions

(Queen Mary University)/ /1 Comment

When and how arbitral tribunals should give effect to international sanctions is a long-standing question in international arbitration. Unilateral economic sanctions have been traditionally characterised as factual impediments that could trigger force majeure or frustration of purpose defences. However, a growing number of scholars and practitioners have criticised this factual approach and have advocated for…

Arbitration Award, Enforcement, Hungary, International Public Policy, New York Convention

(SMARTLEGAL Schmidt & Partners)/ /Leave a comment

Drawing a well-defined line of demarcation between domestic and international public policy when enforcing foreign arbitral awards sends a clear pro-arbitration message from national courts in any jurisdiction. Does Hungarian case law come close to this level of sophistication? This post analyses this question in the context of procedural public policy, and it does so…

Arbitration, Consent awards, Corruption, Enforceability, France, International Public Policy, Libya, UNCITRAL Arbitration Rules

(Signature Litigation Paris) and (Signature Litigation LLP)/ /Leave a comment

The dispute involving the State of Libya and French company SORELEC was heard by the Paris Court of Appeal in the context of a much lower tolerance for bribery and corruption in domestic and international affairs than ever before. France has indeed significantly strengthened its anti-corruption framework since adopting the so-called “Sapin II” law in…

Amparo, Colombia, Constitutional Court, International arbitration, International Public Policy, Tutela

(Talero Rueda & Asociados)/ /Leave a comment

In its recent decision T-354/2019, the Colombian Constitutional Court, through one of its chambers, declared that arbitration awards, issued in international arbitrations seated in Colombia, may be subject to constitutional challenges by means of the so-called acción de tutela.1)The acción de tutela is similar to the so-called recurso de amparo, a constitutional injunction widely known…