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International Arbitration Newsletter - October 2020

Joinder of third parties in international arbitration

João Duarte de Sousa

The complexity of international operations, as well as the existence of multiple contracts and the plurality of parties, often makes it necessary to involve third parties in the arbitration proceedings. Therefore, it is important to take this aspect into account when drafting the dispute resolution clause, as well as when choosing the applicable arbitration rules.

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Regional Overview

THE AMERICAS

  • Ecuador. Ecuador faces a tax claim brought by airport investor
  • Mexico. Mexico threatened with BIT claim by Spanish food importer
  • Panama. Panama Canal Authority wins ICC arbitration
  • United States. US court denies discovery in aid of foreign arbitration

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EUROPE

  • Albania. Albania facing investment treaty claim over the seizure of port terminal
  • England and Wales. Wales wins a roadworks claim against British contractor
  • Estonia. Kosovo faces fintechclaim
  • Russia. Claim brought by Russian bank to be heard by a LCIA tribunal
  • UkraineUkraine loses satellite claim against Canadian contractor

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MIDDLE EAST AND AFRICA

  • Angola. Dispute over Angolan power plan
  • Iran. Interim award upheld against Iran
  • Gambia. Settlement over Gambian offshore oil blocks
  • Tanzania. Tanzania faces claim filed by Australian mining company

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ASIA PACIFIC

  • China. “SIAC in Shanghai” clause supported by Shangai Court
  • China. BIMCO adds Hong Kong as the fourth named arbitration venue to its new shortened arbitration clause
  • India. Vodafone prevails in multi-billion dollar tax dispute
  • India. Amazon dispute with Future Group ends up in SIAC arbitration
  • Thailand. Chevron reinstates arbitration against Thailand after failed negotiation

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News

INSTITUTIONAL NEWS

  • LCIA new arbitration rules become effective from 1 October 2020

TEAM NEWS

Speaking engagements

  • On 7 October 2020 Carlos de los Santos (Madrid), partner in charge of the Litigation and Arbitration Department at Garrigues, in his capacity as current President of the Club Español de Arbitraje spoke at 6th Open de Arbitraje.
  • On 20 October 2020, Carlos de los Santos (Madrid) participated as an exhibitor in Masterclass Psychology and Persuasion in the IX CAI Costa Rica International Arbitration Congress 2020.
  • On 21 October 2020, Joe Tirado (London), as part of Sao Paulo Arbitration Week, spoke on a London Chamber of Arbitration and Mediation (LCAM) panel on expedited arbitration.

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