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International Arbitration Newsletter - July 2021

Investment arbitration news in America: the use of discovery, Ecuador's return to the ICSID Convention and Colombia's success in investment disputes

The Latin American region has seen a few very important debates, of great interest to all the parties involved, on the subject of investment arbitration, including the use of discovery in investment arbitration, Ecuador's return to the ICSID Convention, and Colombia's success in investment disputes.

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Regional Overview

THE AMERICAS

  • Chile. Chile to face insurance disputes
  • Colombia. Glencore International A.G. files a new arbitration against Colombia
  • Peru. Azteca Comunicaciones threatens arbitration against Peru
  • Peru. Lima Metro Line 2: ICSID partial decision unfavorable to Peru

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EUROPE

  • France. French courts can hear a suit against German arbitrator for non-disclosure
  • Italy. Italian energy group compensated for arbitrator´s conflict of interest

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MIDDLE EAST AND AFRICA

  • Cameroon. Australian miner files ICC claim against Cameroon
  • Congo. New investor threats Congo with mining claim
  • Mauritius. Belgian Court dismisses dual jurisdiction award challenge
  • KazakhstanBelgium courts maintains attachment order over Kazakh assets
  • Kuwait. Egypt´s Court of Cassation reinstates billion dollar award against Libya

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ASIA PACIFIC

  • China. Award in favour of Chinese venture capital fund enforced in Australia
  • India. Air India faces enforcement of investment treaty award in New York
  • India. €20 million worth of India’s properties frozen by a Scottish energy company 
  • India. Reliance and Shell defeat India in oil and gas field dispute

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Team news

Accolades

  • The Garrigues International Arbritation team has once again been recognized as one of the world´s top 100 international arbitration practices in the prestigious GAR 100 2021. Clients are quoted as noting the firm as being pragmatic and having a “particularly good business view when dealing with complex cases.” They also recognize the team's “amazing work”, “thought leadership in legal matters”,  “team's devotion to the case” and “excellent performance”.

Appointments

  • Carlos de los Santos (Madrid) has been appointed an alternate member of the ICC International Court of Arbitration for the 2021-2024 mandate.

Speaking engagements

  • Mónica van der Schraft (Santiago, Chile), participated as speaker in two international arbitration seminars in both Chile and Peru. The first seminar was in Chile on 17 June   and was organized by the Arbitration and Mediation Center (CAM) of the Santiago Chamber of Commerce. Mónica spoke on “Representations and Warranties”. The second presentation was on  the “Effectiveness of witness and expert evidence in virtual hearings” and was given at an event organized by the Peruvian law association Ius et Veritas which took place on 30 June.

  • Joe Tirado (London) spoke on “Awards” at the WIPO Arbitration and Mediation Workshop webinar on 2 June 2021 and on “Can ADR be an efficient means to solve disputes with Sovereign States?” at the Luxembourg Arbitration Day on 30 June 2021. Joe also moderated the Europe panel at the XIV Dublin Forum on International Dispute Resolution held by webinar on 16 June 2021.

 

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