In the case of Santamarta v Venezuela, the dispute involved a dual national of Venezuela and Spain, who filed a claim against Venezuela for allegedly obstructing Santamarta’s pharmaceutical business, including an unlawful confiscation of a manufacturing plant. The arbitration proceedings were conducted in accordance with the UNCITRAL Arbitration Rules (1976) on the basis of the Bilateral Investment Treaty between Spain and Venezuela (the “BIT”), in force since 1997. In the Award on Jurisdiction, rendered on 26 July 2023, the tribunal rejected jurisdiction over the dispute by adopting the doctr ..read more

There is a debate about whether courts and arbitral tribunals should be involved in the amicable resolution of disputes. Different jurisdictions deal with this issue in different ways. This post considers the approaches taken by courts and tribunals in Germany, England and Wales, and Singapore to examine whether courts or tribunals in these jurisdictions, on their own initiative, can actively seek an amicable resolution of a dispute by the parties.   Powers of Courts and Tribunals to Encourage Settlement: Approaches in Germany and England and Wales In Germany and England and Wales the cou ..read more

In April 2023, Libya took a significant step forward in developing its legal system by issuing Law No 10 of 2023 on Commercial Arbitration (“New Arbitration Law”). The New Arbitration Law establishes a comprehensive legal framework for commercial arbitration in Libya, taking inspiration from the UNCITRAL Model Law and arbitration laws in neighbouring countries. Until April 2023, commercial arbitrations in Libya were primarily governed by Chapter 4 of the Code of Commercial and Civil Procedures of 1953 (“CCCP“). However, Chapter 4 of the CCCP was considered outdated and ill-suited to the contem ..read more

The second updated edition of the “Report on compliance with investment treaty awards by States” (the ‘Report’) has been recently released by the present author (see for coverage of the 2022 version of the report here).  In light of the termination of intra-EU international investment agreements (IIAs), the failure to approve the modernized Energy Charter Treaty (ECT) by the EU and its member states as well as the ongoing discussions of reforming the Investor-State Dispute Settlement (ISDS) mechanism, in particular within UNCITRAL Working Group III, this Report takes stock of the track re ..read more

When the USMCA entered into force on 1 July 2020, the general view was that the agreement would limit the ability of investors to file investment arbitration claims because the new rules offered limited access to the ISDS mechanism compared with NAFTA. Furthermore, investors from Canada and the U.S. face an additional restriction as ISDS rules expired between the two countries after a three-year transition period that expired on 30 June 2023. As of that date, U.S. investors cannot file an ISDS claim against Canada, and Canadian investors cannot file an investment claim against the U.S. Regardi ..read more

The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA Arbitration Report, click here. The ITA Board of Reporters have reported on the following awards.   Claimant v. Respondent (Decision of the Tripartite Ad ..read more

A recent ruling by the Chilean Supreme Court has clarified the extent of control that Chilean tribunals can exert when reviewing the procedural rules applied in arbitration awards seeking recognition in Chile (see Case N° 133.313-2022, dated 27 July 2023). Consistent with previous cases, the Court upheld a broad scope of freedom for parties to agree upon rules and procedural formalities that best suit their relationship, even if they deviate from the requirements of Chilean Law.   Background The award in the underlying proceeding ordered Procesadora Rengo SpA (“Defendant”) to pay US$15,00 ..read more

On Friday, 8 September 2023, the International Chamber of Commerce (ICC) and the International Court of Arbitration (ICC Court) hosted a panel on the interaction between arbitration and national courts titled “Arbitration and National Courts – Convergence or Divergence?” at its headquarters in Paris. The event, organized by Pedro Arcoverde (then-ICC Court Managing Counsel and Lecturer at SciencesPo), as part of the 6th Brazilian Arbitration Forum, was moderated by Luiza Saldanha (Associate, Freshfields Bruckhaus Deringer, Paris) and featured participation from Esperanza Barron Baratech (Associ ..read more

As the Arbitration and Mediation Act 2023 (AMA) reshapes the legal landscape of dispute resolution in Nigeria, one of its remarkable provisions is the establishment of the Award Review Tribunal (ART). At Kluwer Arbitration Blog, posts have already been published that provide an overview of the AMA and more insights into the ART. To recall, this innovative mechanism, defined in Section 56 of the AMA, adds a new dimension to traditional arbitration proceedings. This new feature allows parties to revisit arbitral awards under specific circumstances. In a sense, the ART is inspired by the joint op ..read more

In a recent decision, Court of Cassation No. 585/2023 (Commercial), the Dubai Court of Cassation (“COC”) concluded that the invalidity of a contract extends to the arbitration clause included in the underlying contract. This post blog examines this decision, the outcome of which is contrary to well-established UAE law as well as prior Dubai court decisions.   Summary of Court of Cassation No. 585/2023 (Commercial) Two shareholders, an Emirati national and a foreigner, established a limited liability company (“Company”) in 1997. As per the Company’s Articles of Association (“AOA”), the Emi ..read more