Publications

Keys to the enforcement of foreign arbitration awards in mainland China

China has been building up and improving its legal regime for recognition and enforcement of foreign awards since the nation joined the New York Convention in the 1980’s. In this article we give an overview on the key issues regarding the enforcement of foreign awards in this jurisdiction, taking into account the recent developments and opening-up reforms. 

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Regional overview

THE AMERICAS

• Colombia. ICSID dismisses claim by America Movil (Claro) against the Colombian government
• Colombia. The effective and dominant nationality of the claimants leads PCA tribunal to decline jurisdiction
• Chile. Potential claims by insurance companies regarding the Chilean COVID-19 regulation on the withdrawal of life annuities
• Chile. The Chilean State settles conflict with Albemarle over disclosure of data regarding lithium reserves
• Mexico. American oil and gas investors file ICSID arbitration against Mexico
• Peru. First Peruvian arbitrator appointed to CAS

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EUROPE

• United Kingdom. UK energy company files ICSID claim against Congo
• Belgium. Update in Antwerp Port dispute
• Spain. New partial award in the arbitration between Repsol and Sinopec
• Czech Republic. A US$ 100 million claim before the PCA: the 'blue poppies' case
• Ukraine. LCIA tribunal to decide on Kiev shopping mall dispute

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MIDDLE EAST AND AFRICA

• Sierra Leone. Sierra Leone and Gerald International subsidiary settle their dispute
• Turkmenistan. Turkmenistan wins US$ 500 million claim brought by Turkish construction company
• Egypt. Egypt threatened with second claim by Finnish investor

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ASIA PACIFIC

• China. ICSID award against a Chinese-owned oil company enforced
• China. Chinese chain restaurants founder’s paintings seized again
• India. New retrospective taxation claim launched against India 
• Singapore. Singapore High Court rejects the annulment of an award based on counsel´s lack of duty to correct an opposing party´s misunderstanding

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Team news

Accolades

• Joe Tirado (London) has once again been recognized as a leading practitioner in the 2022 edition of Best Lawyers and Who’s Who Legal: Mediation 2021.

Speaking engagements

• Carlos de los Santos (Madrid) and Joe Tirado (London) spoke on a panel at a webinar event organized by Garrigues´ Lima office on 25 May 2021 entitled: Perú: Expropiaciones/nacionalizaciones, terminación de concesiones, litigio y arbitraje internacional, experiencias y mejores prácticas.

Publications

• Joe Tirado (London) wrote an article on Third Party Funding in JAMS International ADR Solutions – Spanish Edition, April 2021.
• Joe Tirado (London) co-authored the Chapter on Mediation in the Energy and Natural Resources Sector: The Latin-American Experience in the recently published International Arbitration in Latin America Energy and Natural Resources Disputes, Wolters Kluwer, 2021.