International Arbitration Newsletter - November 2019
Investor-State arbitration and sustainable development: environmental-related claims on the rise
Carlos de los Santos and Markus Gómez
Disputes related to environmental matters are frequent in the context of investor-state arbitration and are likely to increase in years to come. Claims vary from alleged breaches by host states because of environmental permit denials to counterclaims from states for alleged breaches by investors of their environmental obligations.
Regional Overview
- Costa Rica. Costa Rica allowed to dissolve joint venture with Chinese partner
- Peru. Peruvian court detains 14 arbitrators in alleged bribery case on Odebrecht
- Venezuela. Guaidó fails to stop ICSID award enforcement by US Court
- Venezuela. Dutch Appeal Court sets aside ICC award against PDVSA
- European Union. EU Member States agree on a treaty to terminate BITs
- Greece. Greece settles award on Olympics security claim
- Spain. Abengoa agrees to sell an interest in an investment arbitration against Spain
- Spain. Spanish Constitutional Court to hear an appeal regarding annulment of awards
- Spain. Spain fails to unseat arbitral tribunal
- Cameroon. Cameroon defeats claim filed by investment vehicle linked to the Fotso family
- Egypt. Egyptian Cassation Court clarifies requisites of arbitral institutions
- Kuwait. ICSID tribunal dismisses Egyptian investor’s treaty claim against Kuwait
- Mozambique. ICSID tribunal rejects Achmea objection of Italian builder against Mozambique
- Nigeria. Shell seeks court injunction against Nigeria in oil revenue dispute
- Australia. Australian energy company withdraws ECT claim against Georgia
- China. Shanghai to allow foreign institutions to administer foreign arbitrations seated in mainland China
- Hong Kong. Hong Kong to reconsider success fee structures in arbitration
- India. Indian court considers withholding tax of arbitration awards
- South Korea. South Korea wins first treaty claim ever
News
TEAM NEWS
- Partner Joe Tirado (London) spoke on The EU: A positive or negative influence on international arbitration?, at Arbitration Ireland Annual International Arbitration Conference in Dublin on 15 November 2019. Joe also spoke on International Arbitration Trends in Latin America, at the ICC UK Annual Arbitration and ADR Conference in London on 6 November 2019
- Partner Jaime Iglesias (Brazil) spoke on mediation and online mediation at the IBA Latin American Entrepreneurship Conference held on 8 November 2019 in São Paulo, Brazil
Contacts
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+52 55 1102 3570
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+57 601 326 69 99
