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International Arbitration Newsletter - December 2018

Binding Mediation: a new form of amiable composition

Joe Tirado

While Med-Arb, amiable composition and binding mediation continue to be relatively uncommon in common law jurisdictions in particular, there is certainly scope for their far greater use in the future. Creative counsel and parties should seize the opportunity to consider employing more innovative approaches to combining these existing process models to achieve a just and more efficient resolution of their disputes.

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Regional Overview

THE AMERICAS

  • Brazil. Action for annulment regarding partial awards
  • Bolivia. ICC tribunal allows mining claim against Bolivian state owned entity to continue
  • Canada. Canada faces new NAFTA coal dispute claim
  • USA. Texas Court rules that patent dispute in telecoms dispute to be heard by ICC tribunal
  • Venezuela. Venezuela hit by new Treaty claim from Smurfir Kappa

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EUROPE

  • Europe. EU Commission reveals plans on multilateral investment treaties
  • France. New third party asset management funder opens in Paris
  • Germany. Germany’s´ Federal High Court follows Achmea´s reasoning
  • Romania. Romania defeats ICSID claim
  • Spain. Spain loses new ECT arbitration

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MIDDLE EAST AND AFRICA

  • Angola. Angola hit by ad-hoc arbitration claim on failed port concession contract
  • Egypt. Egypt settles Touristic and Real Estate Development arbitration 
  • Egypt. Egypt hit by ICSID claim on cancelled port terminal
  • Libya. ICC tribunal orders Libyan state entity to pay US$40 million on pipeline dispute   
  • Kuwait. Hyundai hit with award in favour of Kuwait Oil Company

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ASIA PACIFIC

  • Australia. Australian biotech loses SIAC arbitration against Indian lab
  • China. Fifteen Chinese law firms appointed on panel for Belt and Road
  • Hong Kong. Hong Kong Court remittes back irregular HIAK award
  • Papua New Guinea. Oil companies to file arbitration on gas dispute against Papua New Guinea
  • Turkmenistan. Turkmenistan to start arbitration in potash plant dispute

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News

INSTITUTIONAL AND OTHER NEWS

  • IBA issues updated Investment Treaty Arbitration Report
  • GAR and CIArb launch updated arbitration seat index

TEAM NEWS

Appointments:

  • Joe Tirado (London) has been appointed to the Board of the new Tashkent International Arbitration Centre

Recent speaking engagements:

  • Carlos de los Santos (Madrid) spoke at the breakfast seminar hosted by BDO in Madrid (Hotel Hesperia) on Experts: cross-examination from three perspetives on 11 December 2018
  • Garrigues Chile team spoke at YAF ICC Chile event
  • Joe Tirado (London) spoke on Third Party Funding at the IV ICC-CIAMEN Spanish Arbitration Forum in Madrid on 27 November 2018

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