International Arbitration Newsletter - April 2018
Welcome to the first of our new monthly client bulletin from the global International Arbitration and ADR practice group at Garrigues. We aim to provide our clients with timely, interesting and relevant global updates in international arbitration and ADR in a concise and user friendly format in English and Spanish.
In this inaugural issue we have included additional items of interest from the beginning of the year for the sake of completeness. Future editions will focus on more recent developments.
We trust that you find the bulletin helpful. Of course, should you like to discuss any of the items featured or if you would like more information, please do not hesitate to contact us or one of the local contacts listed below.
Carlos de los Santos and Joe Tirado, Garrigues Co-Heads of International Arbitration and ADR
Third Party Funding: Freeing claims and adding value
Carlos de los Santos and Joe Tirado
The recent establishment of third party funders(Third Party Funding or TPF) in Spain and the consequent press coverage that they have received has created significant interest in the market from clients and practitioners alike.
While there are those that consider TPF encourages unmeritorious claims, others argue that it provides access to justice for claims with a good chance of success that would otherwise be denied a legal remedy on account of a parties´ financial inability to pursue legitimate legal action.
REGIONAL OVERVIEW
THE AMERICAS
- Brazil: The municipality of Sao Paulo envisages new Dispute Board mechanisms
- Mexico: Mexico has signed the ICSID Convention
- Colombia: Celebrating five-years of its Arbitration Act with positive figures on foreign award enforcements
- Colombia: Second telecoms claim
- Peru: Peruvian pipeline project leads to new claims
EUROPE
- EU: The ECJ rules against validity of arbitration clause contained in EU BIT
- England: Rare committal order
- Poland: Treaty award in Poland dispute set aside in London
- Spain: Spain held liable in renewables case over solar reforms
- Spain: ICC claim against other shareholders in gambling group
MIDDLE EAST AND AFRICA
- Morocco: New BITs with Nigeria, Rwanda and Ethiopia
- Egypt: Egypt to pay for terminating gas supplies to Israel
- Libya: Double win for National Oil Corporation
- South Africa: A new arbitration law has been published in South Africa
- U.A.E.: The U.A.E adopts a new arbitration law
ASIA PACIFIC
- China: Judicial Interpretations on Arbitration Review
- Australia: West Shelf Project arbitration
- India: ArcelorMittal seeks to enforce billion dollar award
- Kazakhstan: Dutch court lifts multibillion Kazakh asset freeze
- Singapore: International court to hear arbitration-related cases in Singapore
INSTITUTIONAL NEWS
- ICSID’s latest caseload report reveals a record 53 filings in 2017
- CPR’s new rules on non-administered arbitration
- ICC’s reports 810 new cases in 2017
- KLRCA changes its name to the Asian International Arbitration Centre
- SIAC shows a 32% increase of new cases
TEAM NEWS
- Melissa Núñez and Hugo Forno join our Peru office
- Joe Tirado, appointed by World Bank President to ICSID´s panel of conciliators
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