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International Arbitration Newsletter - March 2020

Will COVID-19 revolutionise arbitration?

Carlos de los Santos

The health crisis caused by COVID-19 could turn into a chance to revolutionize arbitration and boost and strengthen its virtues as opposed to domestic court litigation. The flexibility inherent to this alternative dispute resolution system and its recourse to online tools and technology can be used to avoid proceedings being suspended.

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REGIONAL OVERVIEW

THE AMERICAS

  • Colombia. Tech company sues Colombia over domain name (.co)  
  • Ecuador. ICSID award enforcement against Ecuador may be stayed
  • Peru. Peruvian state defeats Spanish investor over vehicle inspection concession
  • USA. US court decides it has no jurisdiction to enforce a Stockholm Chamber of Commerce award 
  • USA. The Federal Antitrust Division wins historic merger arbitration dispute

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EUROPE

  • France. An award decided solely under the UNIDROIT Principles upheld
  • Hungary. Hungary fails to annul and revise an intra-EU BIT award
  • Malta. The Maltese government withdraws UNCITRAL claim over allegedly defective concrete used on the building of a public hospital
  • Spain. Split tribunal rules in Spain’s favour in renewable energy claim

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MIDDLE EAST AND AFRICA

  • Egypt. PCA to decide claim against Egypt over plane crash
  • Egypt. Egypt defeats second claim by cotton investors
  • Libya. Libya defeats Indian constructor in another ICC arbitration caused by the Libyan civil war
  • Qatar. The United Nations Universal Postal Union delivers an unprecedented ruling in an uncommon interstate procedure

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ASIA PACIFIC

  • Australia. ICC tribunal terminates flu drug licensing contract
  • China. Chinese investors threaten Ecuador with mining arbitration
  • Singapore. SIAC fraud acquisition claim settled
  • Singapore. SIAC tribunal finds Repsol liable to Chinese companies over fraud claim

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News

INSTITUTIONAL NEWS

  • What are the major arbitral institutions doing in relation to the coronavirus?

TEAM NEWS

Speaking engagements

  • Due to the international travel restrictions imposed by the Covid-19 virus events at which members of the Garrigues International Arbitration team were due to speak at and participate in have been cancelled in Austria, France, Ireland, Luxembourg, Turkey and the United Kingdom.

Appointments

  • Partner Monica van der Schraft (Santiago de Chile) to be the first Chilean woman to preside an ICC arbitration panel.
  • Partner Joe Tirado (London) has been appointed to the Oil and Gas Authority (OGA) panel of mediators. The OGA launched a year-long mediation pilot which aims to test the extent to which mediation can assist in resolving disputes involving licences in the UK Continental Shelf.

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