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…
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…
On 26 April 2024, the Swiss Federal Supreme Court (“SFSC”) rendered decision 4A_486/2023, upholding the unpublished Final Award in Clorox Spain S.L. v. Bolivarian Republic of Venezuela (“Clorox v. Venezuela”) (PCA Case No. 2015-30).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,…
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…
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…
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…
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,…
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…
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…
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,…
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…
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…
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…
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…
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…
The role of the United Kingdom (“UK”), particularly London, and of the European Union (“EU”) in the landscape of investment arbitration has been a central topic of discussions during the London International Dispute Week 2024 (“LIDW”). This post aims to provide a non-exhaustive account of some of the events which tackled this theme. On the…
The 2024 London International Disputes Week (“LIDW”) was stage to several discussions regarding mass litigations. This was definitely not by chance. Europe has been seeing an exponential rise in mass litigation, particularly in the last twenty years, where aspects arising from environmental, social and governance issues have started to become a trend worldwide. This post…
As part of the 2024 London International Disputes Week (“LIDW”), Kirkland & Ellis hosted an event titled “Panel Session on Sanctioned Countries”. The panel, comprised of Anna Bradshaw (Peters & Peters), James Freeman (A&O Shearman), Maya Lester KC (Brick Court Chambers), David Lorello (Covington & Burlington), Jon Newman (Kirkland & Ellis), and Dara Shagal (Pinna…
London International Dispute Week (“LIDW”) 2024 kicked off with more than 700 people attending events starting with a thought-provoking keynote speech by Jan Paulsson – President of the, Saudi Center for Commercial Arbitration (“SCCA”) Court – on the topic “International Arbitration in the Year 2050: Shipwrecked or Basking on the Shores of the Promised Land?”,…
For decades, Pakistan’s arbitration framework has faced criticism for its inconsistency and inefficiency, contributing to the country’s staggering backlog of over 2.26 million cases in the courts. This backlog includes cases affected by an ineffective arbitration regime that encourages arbitral matters to be taken to courts as a result of their extensive interventionist powers pursuant…
In recent years, the electronic signature of awards has become widely accepted under various laws and institutional rules, particularly as a result of the increased reliance on the virtual world caused by the pandemic. As discussed in a previous blog post, while some jurisdictions still require awards to be signed by wet ink signatures, many…
Can the United Nations Convention on Contracts for the International Sale of Goods (CISG) be applicable to arbitration agreements? The literature has been divided on this matter, with several discernible approaches. This post explores the topic of applicability of the CISG to arbitration agreements from the perspective of the now (in)famous Enka v. Chubb case,…
On March 11, 2024, an ICSID arbitral tribunal (Juan Fernández-Armesto (President), Wendy Miles, Alexis Mourre), rendered an award in Encavis AG and Others v. Italy. The controversy follows some other 14 disputes initiated by EU investors against the Italian State under the Energy Charter Treaty (“ECT”) (some of these discussed here) and falls into the…
Although parts of CETA have been provisionally applied since 21 September 2017, the parts not subject to provisional application – including the investment chapter (CETA’s Chapter Eight) which covers investment protection and dispute resolution – are still pending domestic ratification procedures in 10 EU Member States. In parallel, CETA’s framework for investment protection and dispute…
