International Arbitration Newsletter - September 2019

How many applicable laws are there in international arbitration?

Continuing our series of articles on the practical aspects of international arbitration we consider the question of applicable law. Much focus and emphasis is given to the procedural aspects of international arbitration. What is often overlooked is the complex interplay between the myriad of potential applicable laws.

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Regional Overview

THE AMERICAS

• Brazil. Sao Paulo State issues Bill on arbitration against public bodies
• Colombia. Colombia loses first-ever treaty claim in mining royalties disputes
• Mexico. Mexico settles several arbitrations on gas pipeline claims
• Caribbean. Sint Maarten Island airport gets insurance payout in Hurricane Irma claim
• Venezuela. Uruguayan tobacco investor files treaty claim against Venezuela

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EUROPE

• Bulgaria. ICSID tribunal awards costs in favour of Bulgaria after Omani fund withdrawal in bank collapse claim
• Italy. Italy defeats ECT claim on solar reforms
• Poland. Poland challenges UNCITRAL award on real estate treaty claim
• Spain. Spain successfully stays enforcement of two ECT awards in the US and Australia
• Spain. Spain held liable again in third-party funded ECT claim

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MIDDLE EAST AND AFRICA

• Algeria. Spanish OHL files treaty claim against Algeria on railway project
• Nigeria. US court refuses to enforce award of ExxonMobil and Shell against Nigeria
• Morocco. ICSID tribunal formed to hear Treaty claim against Morocco filed by German scrap metal recycler
• Saudi Arabia. Hochtief withdraws treaty claim against Saudi Arabia on airport expansion dispute
• Sierra Leone. Sierra Leone hit by first-ever ICSID treaty claim

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ASIA PACIFIC

• Australia. Spanish Duro Felguera seeks to enforce awards against Samsung in Australia
• China. China plans to allow FTZ-registered foreign arbitration institutions
• China. US-Chinese mining dispute heading to ICC arbitration
• India. Indian court enforces SIAC award for Glencore
• Pakistan. Pakistan faces attempt to enforce a US$6 billion ICSID award in Washington D.C.

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News

INSTITUTIONAL NEWS

• Stockholm Chamber of Commerce creates arbitration online platform
• ICSID unveils third draft of Rules amendments

TEAM NEWS

Recent speaking engagements

• Partner Joe Tirado (London) attended the Ukrainian Bar Association´s Kiev International Arbitration Day conference in Kiev on 13 September 2019, as a member of the Organizing Committee. Joe was also a panellist on Arbitrations involving states and state entities in Latin America, organized by Hardwicke Chambers in London on 23 August 2019 and was a speaker on International Commercial Arbitration: Challenges and Viable Solutions and panellist on Future of Dispute Resolution at the Global Legal Forum in The Hague on 15-16 August 2019.

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