Publications - Dispute Resolution: Litigation and Arbitration
New IBA rules on 2020 international arbitration: updates concerning remote hearings, cybersecurity, expert reports or witness statements
The International Bar Association (IBA) approved, on December 17, 2020, the revised IBA Rules on the Taking of Evidence in International Arbitration (‘IBA Rules 2020’), finally published on February 17, 2021. The revised rules have been…
What has COVID-19 changed for companies in Spain from a legal standpoint?
One year after the state of emergency was declared in Spain due to the spread of COVID-19, Garrigues analyzes the regulatory changes companies face both now and post-pandemic.
Brexit places the UK out of the judicial cooperation area in the EU; will this be the end of English law in the continent?
English law, courts and lawyers are a popular option for business transactions in the EU. Brexit could possibly change that, not so much because of obstacles to a valid choice of English law or the enforceability of judgements rendered by English…
Brexit: A boost for international arbitration?
The departure of the United Kingdom from the EU will not affect the enforceability of English arbitration awards. Accordingly, in international commercial contracts, arbitration could be a more attractive alternative to litigation as it entails…
International Arbitration Newsletter - February 2021
COVID-19: Return of the regime for the suspension of procedural periods and proceedings in Portugal
As a result of the exceptional worsening of the COVID-19 pandemic currently in Portugal, the Portuguese Parliament, at the proposal of the Government, approved Law No 4-B/2021, dated February 1, determining a set of exceptional, temporary and…
Arbitration 2020 overview: COVID-19 pandemic, renewable energy disputes agreements in Spain, the new LCIA rules and other global arbitration updates
2020 was without doubt an exceptional year. The COVID-19 global pandemic has impacted on all our lives and that has required us to make significant adjustments to way we conduct arbitration across the world. Despite the challenges that the pandemic…
COVID-19: The law on fortuitous events or 'force majeure' and termination of contract due to unforeseen circumstances in Latin America
The situation caused by the pandemic has brought an increase in breach of contract proceedings around the world, including in Latin America. It is therefore helpful to know how concepts such as fortuitous, force majeure, and hardship events are…
Latin American Viewpoints - January 2021
We are pleased to share our first issue of 'Latin American Viewpoints'. We provide a complete-picture insight on key new legislation, covering analysis of new developments, trends and viewpoints across the region, from every angle of…
Impact of judicial control over the award on the success of international arbitration
The courts’ position on reviewing awards has very important consequences because the chances of the award being overturned are much greater if the courts are more inclined to carry out their review work with an expansive rather than a limited…
International Arbitration Newsletter - December 2020
COVID-19: Review of the year that changed everything and trends for 2021
2020 has been a year like no other. The world health emergency caused by the spread of COVID-19 and the resulting declaration of a state of emergency (lockdown) in Spain in March 2020 brought an unprecedented whirl of legislative activity. Companies…