The Court of Appeal of Amsterdam (the “Court”) recently granted leave to enforce a foreign ICC award in the Netherlands, despite fraud allegations and pending setting-aside proceedings in France. The Court (i) accepted territorial jurisdiction on the basis of the claimant’s plausible intent to enforce within the jurisdiction, (ii) examined the fraud allegations with a…
With Procedural Order No 4 on Bifurcation (hereinafter “PO 4”), the Tribunal of Alberta Petroleum Marketing Commission v. USA issued a decision on bifurcation at the request of the Respondent following, as many others, Glamis Gold. While in Glamis Gold the request to bifurcate proceedings was rejected, this Tribunal decided to grant the application. The…
In a pivotal ruling on August 16, 2024, the U.S. Court of Appeals for the D.C. Circuit (“Appellate Court”) addressed whether intra-EU arbitration awards issued under the Energy Charter Treaty (“ECT”) are enforceable in U.S. federal courts. With Spain facing over $390 million in awards, the Appellate Court confirmed that U.S. courts have jurisdiction to…
In July and August 2024, the Court of Appeal for Ontario (CA) and the Ontario Superior Court of Justice (SCJ) have addressed critical questions concerning the jurisdiction of arbitration tribunals. Two noteworthy decisions have emerged: the first shedding light on the tribunal’s authority to correctly apply matters within its own jurisdiction, and the second on…
On March 27, 2024, an arbitration tribunal issued its Phase II award in the EcuadorTLC v. Ecuador II case (“EcuadorTLC II”), a decision that has flown under the radar of systemic analysis. This case is one of a number of new Ecuadorian arbitration cases (here, here) that have come into the public eye in the…
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 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…
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…
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),…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Riding on the waves of the Singapore Convention Week and the IP Week @ Singapore, the Chartered Institute of Arbitrators (“CIArb”) and the Intellectual Property Office of Singapore (“IPOS”) co-hosted a conference on Intellectual Property (“IP”) and Technology Dispute Resolution on August 29, 2024. The event featured speakers and panelists from the Singapore and English…
On May 17, 2024, Guyana passed the Arbitration Act 2024 (Act No. 6 of 2024) (“AA”). The AA repealed the outdated Arbitration Act, Cap 7:03, Laws of Guyana (Act No. 17 of 1916), passed more than a century ago, and makes Guyana the latest Commonwealth Caribbean country, after Trinidad and Tobago, which passed new legislation…
