It is undisputed that arbitration depends on the trust placed by the parties in the arbitrators. The Brazilian Arbitration Act (the “BAA”) reaffirms this principle when it provides that an individual…
On June 7, 2023, an ICC tribunal issued an award that will redefine risk allocation in the construction industry. The arbitration was initiated by Refinería de Cartagena S.A.S. ("Reficar"), a wholly…
On 12 May 2023, the Santiago Court of Appeals (“Court”) denied EP Petroecuador’s (“Petroecuador”) (Ecuador national oil company) petition to set aside a US$63 million international commercial…
In 2011, the ITA published its inaugural Guide to Arbitral Institutions in Latin America and an accompanying “Scoreboard.” The conclusion of this inaugural guide was: “The era of Latin American…
On August 6, 2020, an arbitral tribunal composed of Andrés Rigo Sureda (P), O. Thomas Johnson, Jr., and Pierre Mayer (the Tribunal), constituted under the agreement between the United Kingdom and…
Mexico’s new National Code for Civil and Family Procedure was published on 7 June 2023 (“National Code”). The National Code will apply at both federal and local levels, and will replace both the…
Investment treaty arbitration tribunals have addressed issues surrounding State intervention and States’ regulatory freedom time and time again, consequently creating guiding precedent regarding…
On 25 October 2022, the Brazilian Superior Court of Justice ("SCJ") upheld a decision that suspended the filing of a proof of claim in bankruptcy proceedings and, consequently, prevented the…
In 2023, the ICC International Court of Arbitration (“ICC Court”) celebrated 100 years as the world’s leading arbitral institution. To celebrate this milestone, on 25 May 2023, the ICC Court and the…
