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International Arbitration Newsletter - July 2020

COVID-19 impact on investment arbitration

Alberto Acevedo and Ángela María Rueda

It is thought that the measures adopted to tackle the global crisis caused by the appearance of COVID-19 will be a catalyst for foreign investors filing claims against states. While we are likely to see an increase in investment arbitration in the next few years, it is unknown what stance states will adopt in response.

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Regional Overview

THE AMERICAS

  • Mexico. The Mexican state electricity utility liable for stalled hydroelectric project
  • Mexico. Mexican regulator defeats telecom investor claim
  • Peru . Peru facing oil’s investor claim over alleged bribery in bidding process
  • USA. The US Supreme Court to rule again on arbitrability

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EUROPE

  • Azerbaijan. Georgian businessman files ICSID claim against Azerbaijan on share sale interference
  • Poland. Poland  facing claim for obstructing two coal projects
  • Spain. Spanish Constitutional Court bolsters arbitration in a recent decision
  • Spain. Enforcement of renewable energy award requested in US Court against Spain

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MIDDLE EAST AND AFRICA

  • Gambia. ICSID confirms US$ 23 million award against Gambia
  • Iran. NIGC to pay 2 billion euros to Turkmengaz
  • Iraq. German company files US$ 1 billion claim against Iraq over cement plant
  • Libya. Libya to pay €74 million to Austrian infrastructure company
  • Mauritania. Mauritania defeats Grupo Copisa in iron ore claim

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ASIA PACIFIC

  • China. Chinese state-owned company wins gas field claim
  • India. Award upheld in Indonesia
  • South Korea. South Korean video game developer wins third consecutive award in a month
  • South KoreaKorean energy producer threatened by ICC claim
  • Laos. Laos faces new AIAC claim from Thai company

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Institutional News

VIAC publishes protocol on remote hearings

The Vienna International Arbitration Centre (VIAC) has published the Vienna Protocol, a protocol to guide arbitrators and parties in determining when, under the circumstances of the case, is reasonable to hold remote hearings.