International Arbitration Newsletter - September 2021

Arbitration: a brief overview of the appeal mechanism against a Portuguese award

Filing an appeal against a Portuguese award is possible but parties should be aware of the details, requirements and peculiarities of this mechanism, especially when issues of constitutionality are raised during the proceedings.

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RegionaL Overview

THE AMERICAS

• Chile. Chilean Supreme Court recognizes German arbitration award 
• Chile. French shareholders of airport concessionaire consortium file for ICSID arbitration
• Chile. ICSID and CAM Santiago enter into an institutional cooperation agreement
• Ecuador. Halliburton files for arbitration against Ecuadorian national oil company
• Mexico. Mexico hit by another potential treaty arbitration 
• Peru. Second  ICSID arbitration  filed  against Peru over Lima Metro
• Peru. Peru prevails over Hydrika on jurisdictional grounds

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EUROPE

• Belgium. US pharma company wins a fraud case
• France. Council of State upholds €33 million ICC award
• Moldova. The Court of Justice of the European Union rules against the use of intra-EU investment arbitration under the ECT
• Spain. Spain to compensate German energy company more than €30 million

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MIDDLE EAST AND AFRICA

• Egypt. Court of Cassation finds concession contracts not arbitrable
• Iran. Iran’s Central Bank brings claims against Bahrain
• Iraq. ExxonMobil files investment claim against Iraq
• Ivory Coast. Nigerian company seeks to prevent enforcement of ICC award
• South Africa. Russian millionaire threatens claim against South Africa

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ASIA PACIFIC

• Cambodia. Cambodia hit with first treatyclaim
• China. Revised draft Chinese Arbitration Law to  liberalize arbitration in China
• China. US Court rejects Chinese companies’ set aside appeal
• South Korea. ICC tribunal declines to enforce Put-option
• Singapore. Singapore court grants super priority status for third-party funding

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TEAM NEWS

Accolades

• Joe Tirado (London) has once again been recognized in the latest edition of Euromoney´s Expert Guides to Commercial Arbitration.

Speaking engagements

• Mónica van der Schraft (Santiago) spoke on Setting aside international arbitration awards in Chile at the Iberoamerican Centre for Arbitration (CIAR) seminar held on 18 August 2021. Mónica also spoke on CAM Santiago´s International Commercial Arbitration Rules at a seminar held at CAM Santiago on 24 August 2021.
• In his capacity as President of the Spanish Arbitration Club (CEA), Carlos de los Santos (Madrid), presided over the annual CEA conference held in Madrid on 12-14 September 2021. CEA is a Spanish non-profit association which promotes arbitration as an alternative dispute resolution method and the Spanish and Portuguese language in arbitral proceedures. It brings together over 1000 members from 43 countries.
• In his capacity as a Supervisiory Board Member of the Tashkent International Arbitration Centre (TIAC), Joe Tirado (London) attended Uzbek Arbitration Week in Tashkent between 6-10 September 2021 and spoke on Corporate counsel roundtable: Review of topical issues arising in the implementation of projects in the CIS region: ADR and beyond and Tribunal Secretaries. Joe was also a panellist on A Cameo Gathering: Voices on the Singapore Convention Two Years On a joint JAMS –CEDR webinar held on 9 September 2021 and on “Hot Topics in Global Energy and Construction Projects” a JAMS seminar held in London 20 September 2021.