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International Arbitration Newsletter - May 2018

Intra-Community investment arbitration: amber alert!

On 6 March, the Court of Justice of the European Union (CJEU), in the case of the Slovak Republic v. Achmea BV, decided that an arbitration clause included in the Bilateral Investment Treaty (BIT) signed by the Netherlands and the then Czech and Slovak Republic, incompatible with European Union (EU) law.

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Regional Overview

THE AMERICAS

  • Argentina: Italian construction group to proceed with a claim against Argentina
  • Brazil: 2016 yearbook on International Arbitration in Brazil presented
  • Colombia: Colombia-Spain re-negotiate existing BIT
  • Ecuador: Ecuador faces UNCITRAL claim for Amazon oilfield development
  • Mexico-EU two-tier permanent investment court idea moving forward

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EUROPE

  • EU: Ongoing EU talks to establish multilateral court for investor-state arbitration
  • EU: New EU-Singapore invest protection agreement
  • England: Court of Appeal upholds CIETAC award despite forgery
  • France: Paris Appeal Court annuls ICC award for doubts on arbitrator’s impartiality
  • Poland: US renewable energy company files claim against Poland

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MIDDLE EAST AND AFRICA

  • Algeria: New ISCID claim filed against Algeria for urban park development
  • Mauritius: Mauritius prevails in a US$1 billion investment arbitration filed by a dual national
  • Morocco: Morocco faces ICSID claim for alleged unfair treatment on oil prices
  • Nigeria: US District Court petitioned to enforce mega-award against Nigeria
  • Qatar: South Korean engineering group faces Qatar Petroleum ICC claim

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ASIA PACIFIC

  • China: Chinese-Costa Rican refinery dispute heard in ICC
  • India: India´s Supreme court confirms foreign lawyers´ restrictions to only practice in India on a “fly in and fly out” basis
  • Malaysia: Malaysian Parliament approves amendments for arbitration law
  • Pakistan: Two Pakistan state bodies hit with a US$240 million ICC arbitration claim
  • Singapore: Singapore court upholds stay of court proceedings in favour of SIAC arbitration

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Institutional and Other News

  • CRICA, LCIA, PCA, SCC and VIAC release 2017 casework reports
  • ICC International Court of Arbitration opens new hearing centre in São Paulo and case management centre in Singapore
  • ICCA-Queen Mary task force releases report on Third Party Funding

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Team News

  • Recruitment: Lisbon and Santiago de Chile hires add weight to Garrigues´ arbitration group
  • Accolades and appointments: GAR100 recognitions to Garrigues IAG members and reappointments to the Shanghai International Arbitration Center panel of arbitrators and mediators
  • Recent speaking engagements

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