International Arbitration Newsletter - November 2018
The new expedited procedure in the ICC rules and the danger of an award being set aside
The International Chamber of Commerce has opened the door to an expedited arbitration procedure that will allow proceedings to be conducted more quickly and reduce costs where the disputed amount is not above two million dollars. This procedure includes measures such as the appointment of a sole arbitrator or the absence of a hearing or examination of witnesses. Though it simplifies steps, there is a certain amount of concern that some of these measures may be seen by the losing party in an international arbitration proceeding as a potential reason for setting aside the award. In this article the author takes a look at the new scenario from the standpoint of Chilean legislation and the decisions of the Chilean courts.
Regional Overview
- Mexico. Mexican faces new NAFTA claim from two subsidiaries of U.S. Vulcan Materials
- Peru. Peru defeats private prison concession claim from Exeteco International
- Panama. ICSID tribunal dismisses treaty claim against Panama on ecotourism resort
- Uruguay. Uruguay threatened with expropriation claim
- Venezuela. Exxonmobil resubmits oil Treaty claim against Venezuela
- Europe. Tribunal rules that Achmea decision does not apply to ICSID cases
- England. London High Court upholds worldwide freezing order in aid of ICC Zurich arbitration
- Hungary. Hungary hit by ICSID award allowing indirect expropriation Treaty claim
- Spain. Spain seeks to oppose enforcement of solar award on the basis of Achmea
- Ukraine. Ukraine hit with new UNCITRAL Treaty claim from Gazprom
- Egypt. Spain’s Naturgy and Italy’s Eni apply for ICSID award enforcement against Egypt
- Kenya. Kenya's High Court sets aside award in favour of World Duty Free
- Kenya. Pacific Wildcat loses ICSID claim against Kenya
- Qatar. Qatar hit with first-ever Treaty claim
- Yemen. US District Court confirms ICC award against Yemen
- Australia. Western Australia Court upholds freezing order against Duró Felguera
- East Timor. East Timor government files ICC claim on petroleum block
- India. Indian electric utility Reliance Power defeats ICC claim brought by NACC
- Hong Kong. Electric car start-up brings case in Hong Kong
- South Korea. South Korea hit by US$300 million investment treaty claim
NEWS
INSTITUTIONAL AND OTHER NEWS
New rules for HKIAC
TEAM NEWS
Accolades:
- Margarita Soto Moya (Madrid) has been listed in the Arbitration Future Leaders - Non-Partners chapter of the 2019 edition of Who's Who Legal.
Recent speaking engagements:
- Joe Tirado (London) moderated a panel discussion on corruption and money laundering in international arbitration as part of the Delos inaugural seminars series hosted in our Madrid office on 6 November 2018.
Publications:
- Garrigues (Carlos de los Santos, Margarita Soto and Elisa Vicente, Madrid) contributes Spain chapter to Delos Guide to Arbitration Places.
Contacts
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+52 55 1102 3570
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+57 601 326 69 99
