Publications - Dispute Resolution: Litigation and Arbitration
COVID-19 prompts modernization of justice systems in Latin America
The COVID-19 pandemic has adversely impacted on processing times for cases before the civil courts in Latin America. It has also had the effect, however, of accelerating a modernization of the proceedings conducted before these courts. Before the…
Arbitration in 2021: the Constitutional Court promotes international arbitration in Spain, regulatory developments in different countries and new IBA rules
2021 has proven to be an interesting year for arbitration. Among some of the most important and commented news of the past year, we highlight the Spanish Constitutional Court judgements limiting the scope of the “public order” concept as…
Projected reform of the arbitration legislation in Morocco: does it correctly address the issues encountered with the current legislation?
Morocco has proposed a bill that would amend its current arbitration regulations, which were posing an obstacle to promoting this alternative method for resolving disputes in the country. The aim of the bill is to help convert the country into a…
International Arbitration Newsletter - December 2021
International Arbitration Newsletter - November 2021
Poland v. PL Holdings: another milestone for the future of intra-EU investor-state arbitrations
In April 2021, an opinion of the Advocate General of the Court of Justice of the European Union (CJEU) was issued in a case expected to become a milestone for intra-EU investor-state arbitration. While many had hoped that there would be a place for…
International Arbitration Newsletter - October 2021
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.
Supreme Court of Justice (Portugal): the judicial sale of a mortgaged property with a lease subsequent to the mortgage does not make the lessee’s rights expire
The Portuguese Supreme Court of Justice (SCJ) has delivered a Decision uniformizing case law (SCJ Decision nº 2/2021, dated 07.05.2021) in the following sense: “The sale during insolvency proceedings of a mortgaged property, with a…
Investment arbitration news in America: the use of discovery, Ecuador's return to the ICSID Convention and Colombia's success in investment disputes
Investment arbitration has not been without its critics in recent years. Following the Achmea decision, which it has been said drove a stake through the heart of investment arbitration in the European Union, this mechanism has prompted criticism and…
International Arbitration Newsletter - July 2021