International Arbitration Newsletter - April 2020

The effects of COVID-19 on international arbitration in Latin America

Mónica van der Schraft and Cristóbal Sarralde 

International arbitrations are not associated with any particular jurisdiction, but there are matters that do depend on national jurisdictions and could be affected by measures decreed by those jurisdictions in relation to COVID-19.

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Regional Overview

THE AMERICAS

• Colombia. Colombia faces royalty payment treaty claim
• Panama. New BIT claim against Panama over the Panama Canal expansion project
• Canada. Canada wins its first BIT claim
• Venezuela. Curaçao pursues a US$ 162 million ICDR arbitration claim against PDVSA
• Peru. Peru fears a wave of arbitration as a result of the suspension of toll collection agreed as a measure against Covid-19

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EUROPE

• Ukraine. Ukraine’s Ukrnafta loses its last two battles over Stockholm Chamber of Commerce award
• Spain. New application for enforcement of renewables award against Spain
• Spain. Spain faces application for annulment of solar award filed by German investors
• Norway. Norway hit by its first investment treaty claim

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MIDDLE EAST AND AFRICA

• Turkey. English court prevents an affiliate of Koza Group from funding an arbitration against Turkey
• Dubai. A Samsung subsidiary wins the reinstatement of US$ 23 million ICC award
• Iraq. ICSID tribunal declines to hear a claim against Iraq under the Organisation of Islamic Cooperation Agreement

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ASIA PACIFIC

• Australia. Australian energy company settles pre-emption disputes
• South Korea. South Korea faces threat from US individual owner of domestic real estate
• South Korea. Elevator filed claim against South Korea
• Malaysia. Gulf subcontractors beat Malaysian building company

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News

INSTITUTIONAL NEWS

• Update on what the major arbitral institutions are doing in relation to the coronavirus

TEAM NEWS

Appointments

• We are delighted to announce that Carlos de los Santos (Madrid) has been elected President of the Club Español de Arbitraje (CEA). CEA is a Spanish non-profit association dedicated to promoting the use of arbitration as a method of dispute resolution, as well as developing arbitration in Spanish and Portuguese or with a Latin American component. The Club brings together more than 1000 members from 43 countries, all experts in arbitration, who have contributed to the consolidation of an international arbitration community in the Spanish and Portuguese languages.

Speaking slots

• Due to the continuing international travel restrictions imposed by the Covid-19 virus more events at which members of the Garrigues International Arbitration team were due to speak at and participate in have been cancelled or postponed in Spain, Peru and Egypt.
• On 23 April 2020, Joe Tirado (London) participated as a speaker in the JAMS Virtual Roundtable Series to discuss dispute resolution in Latin America in the context of Covid-19.

Publications

• Joe Tirado (London) is the Contributing Editor of the Global Legal Insights to International Arbitration and has contributed the England & Wales Chapter to the recently published 7^th edition. The book is a free online legal resource covering over 60 jurisdictions (www.globallegalinsights.com).

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