International Arbitration Newsletter - November 2020
Polish Court of Appeal rules that the refusal to consider offsetting by an arbitration tribunal violates public policy
Eliza Gluszko
In a ruling that sets a precedent for future arbitrations, the Polish Court of Appeal considers that an arbitral tribunal violated Polish public policy rules and determines that no legal provision excludes the possibility of offsetting a claim covered by an arbitration agreement with one that is not.
Regional Overview
- Colombia. Odebrecht corruption award finalized
- Chile. Chile faces casino claim
- Peru. Local blockade leads to investment treaty claim against Peru
- United States. Amazon provisionally blocks Future Retail’s sale
- Spain. Renewable investors renounce claims against Spain
- Spain. Spain faces ICSID claim from Japanese investor
- Georgia. Telecoms investor files claim against Georgia
- United Kingdom. High Court prevents enforcement of guarantee against Scottish power generation company
- Egypt. ICSID tribunal finds Egypt liable but declines to award damages
- Iraq. Iraqi oilfield award enforcement refused by Washington court
- Nigeria. Nigeria barred from accessing hedge fund’s documents
- Australia. Australian pharmaceuticals company wins cancer treatment dispute
- India. Indian investor brings investment treaty claim against Mozambique
- South Korea. POSCO Energy files counterclaim against US fuel cell manufacturer in licensing dispute
- Vietnam. South Korean investor threatens Vietnam with investment treaty claim
NEWS
INSTITUTIONAL NEWS
- First foreign arbitration institution starts operating in China: new WIPO Shanghai Center
TEAM NEWS
Publications
- Carlos de los Santos, Margarita Soto and Elisa Vicente (Madrid) have written the chapter on Spain in the DELOS Guide to Arbitration Places (GAP).
- Cristóbal Sarralde (Chile) has written a chapter named My First Cross-Examination of the English and Spanish bilingual book Surviving in the Field of International Arbitration: War Stories and Lessons Learned published by Wolters Kluwer. The book seeks to portray what happens behind the scenes in the international arbitration world, through articles written by various leading lawyers in the field all around the world.
- Joe Tirado (London) and Elisa Vicente (Madrid) have co-authored a Chapter on Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach, in Mediation in International Commercial and Investment Disputes, Oxford University Press.
- Joe Tirado (London) has co-authored a Chapter on Third Party Funding: Freeing claims and adding value, but without impairing confidence in the arbitral system, Spain Arbitration Review, Special Edition 2020.
Presentations
- Joe Tirado (London) spoke on The UN Convention on International Settlement Agreements Resulting from Mediation: pathway and obstacles to implementation at the International Academy of Mediators (IAM) and Hong Kong Mediation Council (HKMC) Mediation Symposium on 28 October 2020. Joe also spoke on Codes of Conduct for Commercial Mediators: Striving for Consistency and a Common Global Approach at the Oxford University Press webinar and book launch on 5 November 2020 and on Guidelines and Standards: A new age for international dispute resolution at the International Bar Association (IBA) Annual Conference on 11 November 2020.
Contacts
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