Legal developments, new court cases and rulings, industry news, commentaries on future judgments, etc. Our newsletters are sent to clients and contacts on a regular basis, enabling them to stay abreast of key industry developments.
2021 has proven to be an interesting year for arbitration. Among some of the most important and commented news of the past year, we highlight the Spanish Constitutional Court judgements limiting the scope of the “public order” concept as a cause for annulment of awards, the on going renewable energy dispute saga in Spain, the protectionist drift some countries and regions are experiencing in their investment and arbitration legislation, the return of Ecuador to the international investment dispute resolution system through its re-accession to the ICSID convention. We can also highlight the European Court of Justice´s 'Komstroy' decision effectively forbidding intra-EU arbitration under the Energy Charter Treaty (ECT), as well as the publication of the 2020 IBA Rules on the Taking of Evidence in International Arbitration.
2020 was without doubt an exceptional year. The COVID-19 global pandemic has impacted on all our lives and that has required us to make significant adjustments to way we conduct arbitration across the world. Despite the challenges that the pandemic has created, the adaptability and flexibility of arbitration have risen to these new challenges. We highlight below some of the most important and commented news during 2020. These include, amongst other topics, the agreements reached in the renewable energy claims against Spain, the publishing of the new LCIA rules, the expected Spanish Constitutional Court judgement regarding the control of arbitral awards by the courts and the recent UK Supreme Court ruling clarifying the law on an arbitrator’s duty to disclose.
