Annulment of Arbitral Awards

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“It was the best of times, it was the worst of times, […] it was the epoch of belief, it was the epoch of incredulity” wrote Charles Dickens at the opening of A Tale of Two Cities (1859). Spanish…

For the first time under its modern arbitration statute, a Chilean court has annulled an international arbitration award. In Food Investment SpA et al. v. Asesorías e Inversiones Benjamín S.A. et al…

Montesquieu cautioned in the Spirit of Laws (1748) that “unnecessary laws weaken necessary ones”. Spain’s Ley Orgánica 1/2025 (the “LO 1/2025”) illustrates this point. In pursuit of efficiency, LO 1…

Public order or public policy is a concept deeply entrenched in international arbitration, and its relationship with different national legal systems is a constant source of fascinating doctrinal and…

The Court of Justice of the European Union (“CJEU”) ruled in Komstroy (C-741/19, Sept., 2021) that the dispute resolution mechanism of the 1994 Energy Charter Treaty (“ECT”) does not apply to intra…