In the 2022 case of Omega Engineering LLC and Oscar Rivera v. Republic of Panama (ICSID Case No. ARB/16/42), the Tribunal faced the challenge of distinguishing between a state’s sovereign acts and…
The growing interference of Mexican drug cartels in mining activities questions whether international investors can be protected by investment treaties. This post offers an initial outlook as to…
On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. ARB/18/13) issued an award under the Canada-Colombia…
Previous posts have addressed advocacy techniques in arbitration (for example, see here, here, here, here, and here). This is not an attempt to summarize them, but rather to present the topic in a…
On 28 December 2023, the Supreme Court of the Commonwealth of the Bahamas (the “Court”) delivered a consolidated judgment in Gabriele Volpi v. Delanson Services Limited & 2 others and Delanson…
Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “any circumstances likely to give rise to justifiable doubt as to their impartiality and…
In October 2023, the Law 14,711/2023 was sanctioned, aimed to establish new rules on foreclosures, seizures, mortgages, and transfers of properties to settle debts, by amending certain sections of…
For several years, the uncertainty of the (un)clean hands principle has been subject to debate due to the diverse approaches taken by arbitral tribunals. However, in September 2023, the tribunal in…
On 22 December 2023, a Tribunal composed of Prof. Bernard Hanotiau, Prof. Brigitte Stern and Dr. Andrés Rigo Sureda (President) issued a final award (“Award”) in an investment treaty case PCA 2019-15…
