International Arbitration Newsletter - April 2021

Reform of the Peruvian Arbitration Law: a threat to international arbitration in the country?

On 17 February, the Peruvian Congress presented Bill No. 7161/2020-CR amending the Arbitration Law, which alters some of the requirements for arbitrations in Peru. The aim of the reform, it has been pointed out, is to include minimum quality standards in awards issued in the framework of national arbitrations. However, the proposed text affects key issues such as the nationality of arbitrations or the choice of arbitrators in a way that could end up being detrimental to the current good position of arbitration in Peru.

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REGIONAL OVERVIEW

THE AMERICAS

• Chile. Chilean state mining company files an ICC claim against Ecuador and an Ecuadorian state mining company
• Colombia. Colombian energy company files for arbitration against Chile
• Peru. New ICSID tribunals in investment arbitration against Peru
• USA. Casino operator fails to ground plane

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EUROPE

• France. Arbitrator’s liability claim jurisdiction clarified by a Court in Paris
• France. Bias challenge against ICC award dismissed by the French Court of Cassation
• The Netherlands. Dutch Appeal Court rules in favour of GrandVision in the Essilux case concerning the adopted COVID-19 measures
• Spain. Spain files to annul ICSID award
• Spain. The Madrid High Court incorporates the Constitutional’s Court doctrine in favour of arbitration

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MIDDLE EAST AND AFRICA

• Iraq. Iraq to join the New York Convention
• Kenya. Italian investors launch ICC arbitration against Kenya
• Turkey. Mining company to sue the Turkish state
   

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ASIA PACIFIC

• China. Chinese group offshore subsidiary initiate enforcement against aircraft JV partner
• India. India faces enforcement of investment treaty award
• India. The Indian Supreme confirms that Indian parties can select a foreign arbitration seat
• Singapore. Details of Indonesia mining contract dispute released

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NEWS

Publications

• Joe Tirado (London) in his capacity as Contributing Editor of the Global Legal Insights to International Arbitration has updated the chapters on England & Wales in the recently published 7^th edition of the publication.
                       
  A copy of Joe’s chapter is available at this link.