International Arbitration Newsletter - December 2020
Impact of judicial control over the award on the success of international arbitration
Jesús Campo Candelas
The courts’ position on reviewing awards has very important consequences because the chances of the award being overturned are much greater if the courts are more inclined to carry out their review work with an expansive rather than a limited scope. To contribute to shedding more light on the case law crafted on court control over arbitration in Spain, Colección Garrigues has published a work in Spanish on the subject of setting aside the award on the ground of infringement of public policy (La anulación del laudo por infracción del orden público), a topical subject on which the constitutional court judgment rendered on June 15, 2020 disagreed with a “broadening” of the definition of public policy adopted by Madrid High Court.
Regional overview
- Brazil. Clash of claimants in Petrobras arbitration
- Chile. Chilean government announces it will take disputes with Albermale to international arbitration
- Colombia. Colombia fails to present convincing preliminary objections in treaty claim
- Peru. Peruvian public bank and Canadian company reach a settlement
- Venezuela. PDVSA agrees to pay Conoco’s ICC award
- Bosnia and Herzegovina. Bosnia defeats Indian investors in a treaty claim
- Netherlands. Yukos set-aside challenge is rejected
- Spain. Sole arbitrator liable for gross negligence
- Ukraine. Philip Morris threatens Ukraine with treaty claim
- United Kingdom. UK Supreme Court clarifies law on arbitrator’s duty to disclose
- Egypt. Egyptian court upholds port project award
- Equatorial Guinea. Equatorial Guinea faces enforcement of award
- Libya. State defeated in treaty claim
- China. Hong Kong and mainland China sign arrangement on mutual enforcement of awards
- Kazakhstan. Panel must rethink damages in mining dispute
- Singapore. Singaporean businessman fails to overturn SIAC award
- Singapore. Insurance company’s stay fails in pandemic claim brought by hotel owners
Team News
Accolades
- Carlos de los Santos (Madrid) and Joe Tirado (London) have been once again both recognized in Who’s Who Legal (WWL), in association with Global Arbitration Review (GAR), in its Arbitration 2021 guide. The guide recognizes some of the leading international arbitrators and arbitration practitioners, compiled via peer-to-peer voting and client recommendations.
Presentations
- Mónica van der Schraft (Santiago de Chile) took part in a seminar organised by the Instituto Chileno de Administración Racional de la Empresa (ICARE), entitled Private Law and Pandemic, specifically in the panel related to The practice of emergency Law in the face of social unrest and the pandemic, which covered the aspects of these events and their influence on international arbitration.
Contacts
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