Arbitration institution, CCB Bogota, Colombia, Interviews with Our Editors, Latin America

(Herbert Smith Freehills) and (BakerHostetler)/ /Leave a comment

Gustavo Piedrahita is an attorney with more than 15 years of professional experience. He received his law degree (LLB) from Universidad de la Sabana in Colombia and has a master’s degree in corporate law from Universidad Sergio Arboleda. He is a specialist in commercial, financial, and environmental law. Mr. Piedrahita acts as a domestic and…

ECT Modernisation, ECT Withdrawal, European Union, Treaty Amendment

(University of Vienna)/ /Leave a comment

Several EU member states have abandoned the modernization of the ECT and expressed their intention to withdraw from the ECT (see here). In February 2023, a Commission non-paper was leaked, which describes a coordinated withdrawal of the EU and its member states from the ECT as the ‘the most adequate option’. Such a coordinated withdrawal…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA…

COVID-19, DIS, Germany, War

, (Hogan Lovells)/ /Leave a comment

The DIS Spring Conference, one of the DIS’s two main annual conferences, attracted over 300 participants and took place in Munich on 3 May 2023 after the traditional Gala Dinner on the eve of the conference. The conference set off with a welcome note by Dr. Rouven F. Bodenheimer (DIS), introducing the theme of the…

Conference, ISDS Reform, UNCITRAL

, (Curtis, Mallet-Prevost, Colt & Mosle LLP) and (Hughes Hubbard LLP)/ /1 Comment

On March 31, 2023, the Dispute Resolution Interest Group of the American Society of International Law (ASIL) hosted the session “Reforming Substantive Investment Law: How Should We Do It?” during the ASIL Annual Meeting in Washington, DC. The event featured Donald McRae, Ladan Mehranvar, Amaia Rivas Kortazar and Sylvie Tabet, and was moderated by DRIG…

Arbitration Act, Saudi Arabia, SCCA

(Public Law Department at King Faisal University)/ /6 Comments

The development of arbitration and its associated regulatory practices in the Kingdom of Saudi Arabia (“KSA”) began with the enactment of the 2012 KSA Arbitration Law (“2012 Law”) in March 2012. Ten years later, this post discusses the progress of arbitration in the KSA and the significant strides made by the KSA which positions it…

IBA, ICC, ICC Arbitration, Rule of Law

(Clifford Chance)/ /1 Comment

On Europe Day (9 May), which marks the anniversary of the first step towards the creation of the European Union, Madrid witnessed a one-of-a-kind fireside chat with Claudia Salomon (President of the ICC International Court of Arbitration) and Almudena Arpón de Mendívil (President of the IBA). The chat, which was hosted by IE University and…

Annulment, Guerrilla Tactics, Procedure

(Boustany Law Offices) and (Hadef & Partners)/ /1 Comment

The use of “guerrilla tactics” is by no means a new phenomenon in the world of international arbitration. Indeed, such strategies have been the subject of a number of articles, scholarly discussions and even a four hundred-page book. What is meant by this expression, in essence, is the use and abuse of the procedural rules…

Investment protection, Investor-State arbitration, Israel

and (Meitar Law Offices)/ /1 Comment

Israel is known as the land of “milk and honey.”  But in recent years it has also become known as the land of innovation and entrepreneurship.  Successful Israeli start-ups include Waze (the satellite navigation company), M-Systems (the developer of the first USB drive), and MyHeritage (the online genealogy platform). As Israel has progressively embraced liberalism,…

Achmea, EU Law, German Federal Supreme Court, ICSID

(Bucerius Law School and Latham & Watkins LLP)/ /3 Comments

Seven years ago, Germany’s Federal Court of Justice (Bundesgerichtshof, BGH) set off an avalanche that buried most of the European investment arbitration landscape. The BGH’s order of June 3rd 2016 referred to the Court of Justice of the EU (CJEU) a long debated question: Are intra-EU investment arbitrations compatible with EU law? They are not,…

Brazil, Brazilian Superior Court of Justice, Conflict of Jurisdiction, Latin America

(Mattos Filho Advogados)/ /2 Comments

On June 10, 2022, the Superior Court of Justice in Brazil (“STJ”) ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional nature and, therefore the STJ has jurisdiction to decide conflict of competences between arbitral tribunals constituted pursuant to the rules of the same arbitral institution…

Abu Dhabi, Courts, Dubai, MENA, Pathological arbitration agreement, UAE, UAE Federal Arbitration Law, Uncategorized

(Al Owais Advocates & Legal Consultants)/ /1 Comment

Pathological clauses are not an infrequent occurrence in the arbitration world. We often see arbitration clauses which are poorly drafted and may result in rendering the clause inoperable. Being able to predict how a court would treat a pathological clause would help the parties and specifically the party wishing to file proceedings decide whether they…

Code of Conduct, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series

(Association ARBITRI)/ /1 Comment

In the forest of reform deliberations at the UNCITRAL Working Group III (ISDS Reform), the development of a draft Code of Conduct for decision-makers in investment disputes (Draft Code) was considered a low-hanging fruit. WGIII delegates and commentators frequently used this metaphor to reflect on the consensus among the key stakeholders that the Code should…

Costs, India, Third party funding

, (Cyril Amarchand Mangaldas)/ /1 Comment

The Delhi High Court has resoundingly acknowledged the viability of third-party funding (“TPF”) in providing access to justice for claimants in arbitrations. In a welcome judgment, the Court ruled that a funder was not liable for an arbitral award and therefore need not furnish security in the enforcement thereof. The Court said the funder could…

Interviews with Our Editors, ISTAW, Turkey

(Laborde Law)/ /Leave a comment

Mr. Süleyman Boşça is a Türkiye-based lawyer specialized in international arbitration and energy law, currently acting as Chairman of the Energy Disputes Arbitration Center (EDAC). Mr. Boşça is also the founder and managing partner of Bosca Law Firm. Among other professional activities, he is the Chairman of the Energy Law Research Institute and a member…

Greece, Reform

(Archipel)/ /Leave a comment

On 4 February 2023, Law 5016/2023 (the “2023 Law”), Part A of which is entitled “International Commercial Arbitration”, was published in Greece’s Official Government Gazette (see an unofficial English translation here). Prior to the 2023 Law, Greek-seated international arbitral proceedings were governed by Law 2735/1999 (the “1999 Law”), which was based on the 1985 version…

Anti-enforcement Injunction, Energy Charter Treaty, Enforcement, Netherlands, Spain

(Conway & Partners)/ /Leave a comment

On 28 February 2020, two Dutch investors obtained a favourable arbitral award against Spain. The tribunal found that Spain had violated the Energy Charter and ordered Spain to pay damages of EUR 15.4 million to AES Solar Energy Coöperatief U.A. (AES) and EUR 11.1 million to Ampere Equity Fund B.V. (AEF). Despite Spain’s attempts to…

ADR, Arbitration, Arbitration Act, Brazil, Brazilian Arbitration Act, Disclosure, Duty to Disclose, Impartiality, Latin America

(University of Cambridge)/ /Leave a comment

Despite being a relatively young market at just over 20 years old, Brazilian arbitration has experienced rapid growth. As of 2020, Brazil ranked second in the number of arbitrations filed with the International Chamber of Commerce (ICC), surpassing all European, African, and Asian jurisdictions. Brazil is also among the top five nationalities represented among arbitrators,…

Arbitration, Hearings, Moot Courts

(MacGrath Arbitration)/ /Leave a comment

Mock arbitrations are an excellent way for clients and counsel to refine their hearing presentation and prepare witnesses to testify so the key arguments, evidence and themes resonate with the tribunal. Having served as both mock arbitrator and counsel in mock arbitrations, I have seen first-hand the positive impact that mock arbitrations can have on…

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…

Book Review, International Courts, International Law, Iran-United States Claims Tribunal

/ /Leave a comment

Judge Charles N. Brower has combined extensive practice at the bar with distinguished public service. He has served for forty years as a judge of the Iran-United States Claims Tribunal in The Hague (‘IUSCT’), sat as judge ad hoc on the Inter-American Court of Human Rights, and is the most-appointed American judge ad hoc of…

Climate change, Empirical Research, Energy, Surveys

(Climate Change Counsel) and (MDisputes)/ /1 Comment

The energy transition lies at the heart of climate change mitigation efforts.  A new survey by Queen Mary University of London (QMUL) in collaboration with Pinsent Masons, the Future of International Energy Arbitration Survey Report, (“the Energy Report” or “the 2022 QMUL Survey”) (see also here) offers guidance to anticipate and mitigate those risks for…

Code of Conduct, ISDS, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series

(Richmond School of Law)/ /Leave a comment

With 17 minutes to spare before the end of the 45th Session, the chair of UNCITRAL Working Group III (WGIII), Mr Spelliscy, announced that a workable compromise had been reached on the last remaining outstanding issue (how to regulate double hatting) and that, therefore, an agreement was reached on a text of the Code of…

Arbitral Award, Free Trade Agreements, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Latin America, Peru

(Baker McKenzie)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

Despite the good results obtained for several years in its defense from investment arbitration claims, the Republic of Peru has become one of the countries with the highest number of arbitration claims filed against it. To date, nineteen cases have concluded, and twenty-three cases are pending resolution. In December 2022, an award was issued in…