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Tomás Sánchez (Aguad Bañados Izquierdo Abogados)

Wars, Oil Shocks, and Contracts: How Chilean Arbitral Tribunals Handle Hardship

June 1, 2026

Geopolitical shocks — oil price spikes, trade route disruptions, sanctions regimes — do not respect contractual deadlines. When the cost of performing a contract doubles overnight due to events no…

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Saul Ramirez

Colombia and the ICSID Convention: Denunciation or Reconciliation?

May 29, 2026

Soon after receiving an open letter dated March 19th, 2026, from over 220 economic and legal scholars, President Petro reaffirmed that Colombia would withdraw from the international arbitration…

Maciej Zenkiewicz (Nicolaus Copernicus University)

Investors, States, and Local Communities: What We Learned From the Kappes Case About Relations Among Such Trio (Especially if ILO Convention 169 Applies)

May 28, 2026

On 23 December 2025, the ICSID Tribunal rendered its award in Kappes v. Guatemala, a dispute brought under the CAFTA-DR and the ICSID Convention by US national Daniel W. Kappes and his Nevada-based…

José Alberro (FTI Consulting)

Venezuela's New Hydrocarbons Law Economic Stability Clause Has a Math Problem

May 27, 2026

This article examines the “economic-financial equilibrium” provision introduced in Venezuela’s 2026 Hydrocarbons Law and argues that the concept only becomes operational once tribunals distinguish…

Frédéric Barth (University of St. Gallen)

Sanctions as a Bar to Enforcement: Switzerland’s Federal Supreme Court Weighs In

May 26, 2026

The impact of Russia-related sanctions on the enforcement of arbitral awards has previously been considered by courts across a number of jurisdictions, including the EU (see the discussion on the…

Lyra Cela

When Tariffs Become Treaty Claims: Can U.S. Trade Measures Trigger Investor-State Arbitration?

May 25, 2026

In September 2025, Roberto Castro de Figueiredo argued on this Blog that President Trump’s reciprocal tariffs could distort competition among multinationals investing in the U.S. and thereby trigger…

Navin G Ahuja, Ghazal Bhootra

DRO v DRP: Singapore Aligns with International Consensus on Jurisdiction–Admissibility Dichotomy on Preconditions to Arbitration

May 22, 2026

In Singapore, the courts have long adhered to the principles from earlier English cases such as Emirates Trading Agency LLC v Prime Mineral Exports Pte Ltd [2015] 1 WLR 1145, asserting that failure…