News & Analysis

332 articles available.

Alleging ‘Denial of Justice,’ HSBC Launches An ICSID Arbitration Against El Salvador

27 August 2021, by Diego Luis Alonso Massa

On 18 August 2021, HSBC Latin American Holdings announced that it had launched arbitration proceedings before the International Centre for ...

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New Claim Against Chile Before the ICSID

24 August 2021, by Diego Luis Alonso Massa

Chile faces its second ICSID arbitration claim in less than three months. On 13 August 2021, the Acting Secretary-General of ICSID registered...

Freshfields Bruckhaus Deringer

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Swiss Federal Supreme Court Affirms That Parties May Forgo The New York Convention For The Recognition and Enforcement of Their Arbitral Awards

17 August 2021, by Diego Luis Alonso Massa

In a judgement handed down on 17 June 2021 [an unofficial English translation of which can be requested at diego@taobserver.com], the...

DC Appellate Court Prepares to Hear Arguments That the Grant of the Stay of Proceedings in the Yukos Case Was “A Clear Abuse Of Discretion”

11 August 2021, by Diego Luis Alonso Massa

DC APPELLATE COURT PREPARES TO HEAR ARGUMENTS THAT THE GRANT OF THE STAY OF PROCEEDINGS IN THE YUKOS CASE WAS “A CLEAR ABUSE OF...

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Australian Appellate Decision: Even Pro-Arbitration Courts Will Not Easily Excuse Fundamental Non-Compliance with The Parties’ Agreement

6 August 2021, by Diego Luis Alonso Massa

Australian Appellate Decision: Even Pro-Arbitration Courts Will Not Easily Excuse Fundamental Non-Compliance with The Parties’ Agreement In a...

Canadian Court Rules Arbitration Clause ‘Inoperative’ Based on the Conduct of the Party Seeking a Stay of Court Proceedings

5 August 2021, by Diego Luis Alonso Massa

In a judgment handed down on 21 July 2021, the Superior Court of Justice – Ontario (“the Court”) in CSI Toronto Car Systems ...

Belgian Court Finds Award and Arbitration Valid Where Arbitrators Personally Reviewed First Drafts Prepared by Tribunal Secretary

4 August 2021, by Diego Luis Alonso Massa

Belgian Court Finds Award and Arbitration Valid Where Arbitrators Personally Reviewed First Drafts Prepared by Tribunal Secretary In...

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Ecuador's Constitutional Court Fuels Further Debate After Nixing Requirement that National Assembly Approve ICSID Convention's Ratification

3 August 2021, by Diego Luis Alonso Massa

On 16 July 2021, Ecuador’s new President, Guillermo Lasso, signed Executive Order No. 122* to officially ratify the ICSID Convention and...

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UK Supreme Court Judgment Confirms the Enduring Relevance of Mandatory State Immunity Act (SIA) Diplomatic Service Requirements

3 August 2021, by Diego Luis Alonso Massa

On 25 June 2021, the UK Supreme Court handed down judgment in General Dynamics v Libya [2021] UKSC 22. In short, the majority held that –...

Curtis, Mallet-Prevost, Colt & Mosle, Reed Smith

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Centerra Gold Introduces New Claims in Arbitration Proceedings Against the Kyrgyz Government to Protect its Assets at Kumtor Gold Mine

3 August 2021, by Diego Luis Alonso Massa

On 7 July 2021, Canadian-based gold mining company Centerra Gold Inc. (“Centerra”) and its wholly owned subsidiary, Kumtor Gold Company...