International Arbitration Newsletter - July 2018
Multi-tiered clauses: pros and cons of an alternative dispute resolution system
Before incorporating a standard multi-step dispute resolution clause, it is worth considering if a phased system actually satisfies the needs and interests of the parties and if so, be careful in drafting said clauses to avoid potential practical problems.
Regional Overview
- Brazil. Brazil´s Superior Court of Justice reaffirms principle of kompetenz-kompetenz
- Chile. Chile challenges ICSID’s jurisdiction in investment arbitration
- Mexico. Senate ratifies ICSID Convention
- Peru. Kuntur Wasi airport consortium files ICSID claim against Peru
- Guatemala. Iberdrola brings another treaty claim against Guatemala
- England. Ukranian Naftogaz obtains London Commercial Court freezing order against Gazprom
- Poland. Poland granted stay from treaty claim enforcement by Sweden’s appeal court
- Spain. Spain hit by another intra-EU Energy Charter Treaty arbitration loss
- Spain. Spanish tribunal sets aside windfarm award
- The Netherlands. Dutch Supreme Court upholds Siemens´ ICC Turkish metro award
- Congo. US Court asked to confirm ICC awards against Congo
- Egypt. ICSID tribunal rejects €140 million claim brought by Veolia against Egypt
- Equatorial Guinea. Orange asks US Court to arrest Equatorial Guinean´s President Boeing
- Lebanon. Lebanon hit by ICSID Treaty claim award in favour of private jet operator
- Rwanda. US Bay View Group files treaty claims against Rwanda
- China. Chinese state entity and Yemen settle airport dispute
- Hong Kong. Hong Kong Court allows Japan Commercial Arbitration Association award enforcement
- India. US District court refuses to enforce an UNCITRAL award against India
- Singapore. Singapore court enforces SIAC award despite incorrect seat
- South Korea. South Korea hit by first ever investment treaty loss
News
- HKIAC caseload statistics published
- ICSID enters Cooperation Agreement with the SCIA
Recent speaking engagements:
- Madrid senior associate Elisa Vicente spoke on damages calculation at the “Encuentro Annual CEA-40”, held on 10 June 2018, Madrid (Spain)
- Joe Tirado (London) was a speaker at the Chartered Institute of Arbitrators Irish Branch Midsummer International Dispute Resolution Conference on Quality Assurance and Ethics in Dispute Resolution held in Dublin on 29 June 2018
Publications:
- Joe Tirado (London) was featured in Vannin Capital's In Conversation Series with Head of International Arbitration at Vannin, Yasmin Mohammad, discussing the development of Third Party Funding in Spain
Contacts
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+52 55 1102 3570
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+57 601 326 69 99
