Jurisdiction

Colombia, Fair and Equitable Treatment, FET, Investment protection, Minimum Standard of Treatment

(University of Ottawa Faculty of Law, Civil Law Section)/ /Leave a comment

In a recent book and a report published by the OECD (“Expert contribution Prof Dumberry: Cost of inaction – arbitral practice in respect on FET”, Track 2 program, “Future of Investment Treaties”), I have examined the way tribunals have assessed the relationship between Fair and Equitable Treatment (“FET”) clauses and the Minimum Standard of Treatment…

Set aside an arbitral award, Sweden, Swedish Arbitration Act

(Westerberg & Partners Advokatbyrå AB)/ /Leave a comment

To colour within the lines is something many of us pride ourselves to have mastered perhaps some time ago. Crossing the lines with a hasty movement may ruin an otherwise nice picture. Similarly, an otherwise good arbitration may be spoiled if the tribunal fails to stay within the lines drawn up by the parties. Like…

Arbitration, Qatar, Qatar Financial Centre, Recognition and enforcement of arbitral award, Set aside an arbitral award

, , (Sultan Al-Abdulla & Partners)/ /Leave a comment

On 5 May 2024, the Civil and Commercial Court of the Qatar Financial Centre (“Court”), rendered its judgment in B v C on a setting aside application brought under the QFC Arbitration Regulations 2005 (“QFC Arbitration Regulations”). This is an important judgment because it is the first Court judgment commenting on the setting aside of…

Eastern Europe, ECT Modernisation, ECT Withdrawal, Energy Charter Treaty, EU Withdrawal Act, European Union, Hungary, Intra-EU Investment Arbitration

(ESSEC Business School, Paris; Paragon Advocacy) and (Permanent Representation of Hungary to the European Union)/ /Leave a comment

On 26 June 2024, 26 of the 27 EU Member States, along with the EU, signed a Declaration on the Legal Consequences of the Judgment of the Court of Justice of the EU (“CJEU”) in Komstroy and a Common Understanding on the Non-applicability of Article 26 of the Energy Charter Treaty as a Basis for…

Administrative Approvals, Iran

(University of Paris 1 Panthéon-Sorbonne)/ /Leave a comment

The Supreme Court of Iran has rendered a historic decision, providing insight into the proper interpretation of Article 139 of the Iranian Constitution concerning administrative approvals for agreements to arbitrate, which has been considered to be a major hurdle to arbitration in Iran. This provision, which also finds voice in the Civil Procedures Code, requires…

Arbitration Proceedings, Bucharest, Commercial Arbitration, Conference, IBA Guidelines on Conflicts of Interest, Intra-EU Investment Arbitration, ISDS Reform, Romania, Uncategorized

and (Sciences Po; Brigantia Law)/ /Leave a comment

The fifth edition of the Bucharest Arbitration Days (“BArD”) took place on 6 and 7 June 2024. It set out to highlight recent critical developments in international arbitration. The first day focused on commercial arbitration, and the second on investment arbitration. The general consensus? Mission accomplished. Seven panels and two keynotes reunited seasoned experts as…

Interviews with Our Editors, TIAC, Uzbekistan

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Ms. Bayzakova, it’s a pleasure to have you back, and Dr. Islambek Rustambekov, welcome to our interview series! Ms. Bayzakova is the Director of the Tashkent International Arbitration Centre (“TIAC”) and also serves as an arbitrator. Prof. Dr. Rustambekov is a member of the panel of arbitrators at  the TIAC, an Acting Rector and Professor…

Anti-enforcement Injunction, Energy Charter Treaty, Enforcement, Germany, Injunction, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Spain

(University of Cologne (International Investment Law Centre))/ /Leave a comment

On 12 April 2024, the Regional Court of Essen (“LG Essen”) dismissed Spain’s request for an anti-enforcement injunction of an intra-EU investor-state arbitration award (2 O 447/22). The LG Essen held that anti-enforcement injunctions are inadmissible because they violate state sovereignty. This blog post will cover the facts and background of the decision, examine the…

India, judicial review

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While refusing to interfere with an award under Section 68 of the English Arbitration Act, Justice Teare pithily quipped that “by choosing to resolve disputes by arbitration the parties clothe the tribunal with jurisdiction to make a ‘wrong’ finding of fact”. These observations made in the set-aside proceedings are rooted in the fundamental principle that…

Annulment, Commercial Arbitration, Corruption, Latin America, Peru

(Pontificia Universidad Católica del Perú and Universidad Peruana de Ciencias Aplicadas)/ /Leave a comment

On 12 March 2024, Judge Ana C. Reyes, presiding over the District of Columbia (“D.C.”) Circuit, issued a decision on the petition to set aside filed by the Municipalidad de Lima concerning two arbitral awards. Judge Ana C. Reyes denied the petition from the Municipalidad de Lima. This post describes the background to this long-standing…

Chile, Good Faith, Intellectual Property, International Commercial Arbitration, Latin America

, (Cuatrecasas)/ /Leave a comment

In a recent decision dated April 8, 2024, a sole arbitrator seated in Santiago de Chile ruled in favor of Saudi Arabian Oil Company (“Aramco” or the “Claimant”) in an internet domain property dispute. The dispute between Aramco and Mr. Joaquín Poblete (“Mr. Poblete” or the “Respondent”) arose when Mr. Poblete registered and obtained property…

Annulment, Enforcement, Investor-State arbitration, Public Policy, Swiss Private International Law Act, Switzerland

(Walder Wyss)/ /Leave a comment

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC”) rendered decision 4A_486/2023, upholding the unpublished Final Award in Clorox Spain S.L. v. Bolivarian Republic of Venezuela (“Clorox v. Venezuela”) (PCA Case No. 2015-30). In the underlying investment treaty arbitration, Clorox sought compensation for the alleged expropriation and unfair treatment of its investment by Venezuela,…

Brazilian Arbitration Act, CAM, COVID-19, Eastern Europe, Economic Sanctions, English courts, English Law, French Law, French Supreme Court, Italy, LCIA, Nigeria, Nigeria Arbitration and Mediation Act, Revision of Award, Russia, Sanctions, UK Supreme Court, Ukraine, UNIDROIT Principles

(BonelliErede)/ /Leave a comment

On 13 June 2024, Italian Arbitration Day took place in Rome. The full-day conference saw a large number of arbitration practitioners dealing with the issue of globalization and geography in the arbitration. This post offers an overview of the key takeaways from the discussion.   Introduction: The Past, Present, and Future of Globalization   After…

Canada, Enforcement, Interim measures, UNCITRAL Model Law

(Woods LLP)/ /Leave a comment

The Supreme Court of Canada (“SCC”) recently delivered a judgment which, while dealing primarily with the issue of bank guarantees, serves as a window into a Paris-seated ICC arbitration between a Canadian aircraft manufacturer Bombardier inc. and the Hellenic Ministry of Defense (“HMOD”). The case of Eurobank Ergasias v. Bombardier inc. brings to the forefront…

Denial of Benefits, Energy Charter Treaty, EU Law, European Commission, European Union, Investment Arbitration

, (Pinsent Masons)/ /Leave a comment

The European Commission’s “Proposal for a Council Decision on the partial suspension of the application of the Energy Charter Treaty between the Union and any legal entity that is owned or controlled by citizens or nationals of the Russian Federation or of the Republic of Belarus, and any Investment within the meaning of the Energy…

Brazil, Latin America

(Fonseca e Salles Lima Advogados Associados)/ /1 Comment

On May 14, 2024, the traditional Rio de Janeiro International Arbitration Conference promoted by Canal Arbitragem, under the academic coordination of João Bosco Lee, Lauro Gama, and Maurício Almeida Prado, was held at the auditorium of the Fundação Getúlio Vargas (‘FGV-RJ’). Conceived nearly 20 years ago by two of the greatest authorities in national arbitration,…

Constitutional Court, Ecuador, ICSID Arbitration, International arbitration, International Investment Arbitration, Investment Arbitration, Investor-State arbitration, ISDS, Latin America, Trade and investment agreements

, , (Tadir Dispute Resolution)/ /1 Comment

The Ecuadorian government held a referendum and a public consultation on 21 April 2024. Question D of the referendum asked citizens: “Do you agree that the Ecuadorian State recognizes international arbitration as a method to resolve disputes related to investment, contractual, or commercial matters?” (free translation). The substantive proposal of the question was merely based…

Expropriation, ICSID, Investor-State arbitration, Latin America, Panama

, (Reed Smith)/ /1 Comment

In the 2022 case of Omega Engineering LLC and Oscar Rivera v. Republic of Panama (ICSID Case No. ARB/16/42), the Tribunal faced the challenge of distinguishing between a state’s sovereign acts and its commercial activities. This case raised the critical question of when a state’s conduct shifts from exercising sovereign authority to acting as a…

Full Protection and Security, Latin America, Mexico, Mining Sector, Organized crime

, (King & Spalding)/ /Leave a comment

The growing interference of Mexican drug cartels in mining activities questions whether international investors can be protected by investment treaties. This post offers an initial outlook as to whether cartel extortion could constitute a violation of the Full Protection and Security (“FPS”) standard typically found in such treaties.   Background During the last 17 years,…

Brexit, ECT Modernisation, ECT Withdrawal, Energy Charter Treaty, England, Investment Arbitration, UK

(Luther Rechtsanwaltsgesellschaft mbH)/ /Leave a comment

At the end of February 2024, the United Kingdom (“UK”)’s Energy Security and Net Zero Minister Graham Stuart announced his country’s decision to withdraw from the Energy Charter Treaty (“ECT”). On 28 May 2024, the Energy Charter Secretariat revealed in a press release that the UK’s formal notification of withdrawal had already been received by…

CIArb, Egypt, Intellectual Property, International Investment Law

(Chartered Institute of Arbitrators), (Cairo University ), and (Reed Smith LLP)/ /Leave a comment

On 8 March 2024, the Egypt Branch of the Chartered Institute of Arbitrators (CIArb) organised, as part of its “Wednesday One” panel discussions, a conference hosted by the Cairo Regional Centre for International Commercial Arbitration (CRCICA), titled “International Arbitration and Intellectual Property Disputes.” The panel discussion, moderated by His Excellency Ambassador Mohamed Moustafa Kamaal, aimed…

foreign direct investment, Foreign Investment, Free Trade Agreements, India, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor duties, Investor-State arbitration, ISDS, Protection, State-State Dispute Settlement, State-to-state arbitration

(Jindal Global Law School)/ /Leave a comment

It took 16 years of negotiations for India and the European Free Trade Association (“EFTA”)—comprising Switzerland, Norway, Iceland, and Liechtenstein—to clinch a free trade agreement (“FTA”). The newly minted FTA is expected to boost the extant levels of trade between the two countries. The formal name of the signed agreement is the Trade and Economic…

Arbitration, Latvia, Reform, Set aside an arbitral award

, (COBALT)/ /Leave a comment

Latvia has recently taken significant steps to amend its arbitration law, introducing a set-aside mechanism among other necessary changes. This article provides an overview of the background to these changes, the specifics of the new set-aside mechanism, and other amendments made to the Latvian arbitration law.   Background Elimination of any or all grounds for…

Apparent bias, Arbitration, Arbitration Act 1996, Arbitrator Bias, Arbitrator Challenges, Arbitrators, England, English courts, English Law, International arbitration, UK

(Peter Ashford Ltd)/ /1 Comment

In a recent judgement rendered in H1 and another v W and others [2024] EWHC 382, the English Commercial Court removed a sole arbitrator under section 24 of the English Arbitration Act 1996 (the “EEA”).  This removal was based on statements made by the arbitrator regarding the way he would treat expert witness evidence that gave rise…