INVESTMENT CASES
Americas
AT A GLANCE
U.S. Supreme Court issues its long-awaited 1782 decision and Brazil issues a new Ordinance specifying arbitrator nomination criteria for proceedings involving Federal Government. We report on ICSID's new rules, new rules issued by a Uruguayan institution, the AAA-ICDR's 2021 caseload statistics, key U.S. cases and arbitrations involving Colombia and Venezuela.
KEY LEGAL DEVELOPMENTS
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New Uruguayan Chamber of Commerce and Services' Arbitration Rules Chile's constitutional reforms affect mining sector and foreign investments UNCITRAL Working Group publishes comparative note on permanent international courts ICSID Administrative Council approves amendment to ICSID Rules 2021 caseload statistics published by the AAA-ICDR Brazil: new criteria for nomination of arbitrators in proceedings which involve Federal Government or its related entities Proposed new bill raises discussions about tax-related arbitration in Brazil Russia announces its intention to represent itself in Canadian Yukos action
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INVESTMENT CASES
Americas
KEY CASE DEVELOPMENTS
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Arbitral tribunal finds that the Spain-Venezuela BIT bars claims raised by dual nationality investors ICSID tribunal renders early dismissal of Spanish investor's claim against Colombia ICSID tribunal renders USD 2.8 billion award against Venezuela U.S. Supreme Court precludes district courts from reviewing substantive dispute in determining jurisdiction over FAA arbitral awards U.S. District Court for the District of Columbia lifts stay of Yukos confirmation proceedings U.S. Supreme Court rejects prejudice requirement for waivers of arbitration U.S. Supreme Court holds airplane cargo loaders exempt from the FAA in Southwest v. Saxon U.S. Supreme Court restricts discovery in federal courts for foreign commercial and investor-state arbitrations
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INVESTMENT CASES
Europe
AT A GLANCE
An agreement in principle on the ECT's modernisation, new PCA office, revised English Commercial Court Guide, report on digitization of arbitration, changes to arbitration in Ukraine and European institutions' 2021 caseload statistics. We report on key cases from UK and Parisian Courts, ICSID tribunals' ECT-related cases and the CJEU's Micula judgment.
KEY LEGAL DEVELOPMENTS
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Mixed results in terms of arbitration referrals to European institutions in 2021 Mayer Brown Frankfurt participates in DIS-ERA Pledge Gender Champion Initiative New Commercial Court Guide seeks to deter unmeritorious challenges to arbitral awards ICC Commission on Arbitration and ADR publishes report on the digitization of arbitration proceedings Judiciary of England and Wales publishes 2020-2021 arbitration claim statistics Arbitration in light of the Ukraine conflict Permanent Court of Arbitration opens a new office in Vienna An agreement in principle is reached in relation to the modernisation of the ECT
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INVESTMENT CASES
Europe
KEY CASE DEVELOPMENTS
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Investment arbitration tribunals' divergent rulings on the compatibility of Art. 26 ECT and the EU treaties Parisian Court finds that only in exceptional circumstances will an arbitration clause be extended to third-party funders ECJ Grand Chamber issues Micula judgment on the relationship between BITs and EU law English Court of Appeal confirms that law of arbitration agreement determines whether non-parties are bound by it English Commercial Court sets aside arbitral award due to lack of substantive jurisdiction English Commercial Court rejects application to set aside an order granting permission to enforce an ICC award Paris Court follows the path of the Court of Cassation and confirms billion-dollar award against Venezuela UK Supreme Court reinforces the limited scope of the judiciary to reconsider Court orders and judgments
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INVESTMENT CASES
Middle East & Africa
AT A GLANCE
Middle East: DIAC's 2022 Rules, clarification on the status of arbitrations under DIFC-LCIA rules, new ICSID and ADGM Cooperation Agreement and two Dubai Court decisions. Africa: new Nigerian arbitration law, new CEMAC Arbitration Center and Arbitration Rules, key Ghanaian pledge and global Court cases involving Nigeria, Ghana, Libya and Lesotho.
KEY LEGAL DEVELOPMENTS
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The Economic And Monetary Community of Central Africa establishes its own arbitral institution Part 1: DIAC issues long-awaited revised arbitration rules Part 2: DIAC 2022 Rules: key changes ICSID and ADGM enter into a cooperation agreement ICSID publishes arbitration statistics for the Middle East and North Africa Status of ongoing arbitrations under the DIFC-LCIA rules clarified Government of Ghana pledges to uphold rights under its BITs recognising their importance to Ghana's investment framework New law modernising arbitration in Nigeria is pending presidential assent
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INVESTMENT CASES
Middle East & Africa
KEY CASE DEVELOPMENTS
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The SCA clarifies the interrelation of local and international laws in investment treaty disputes U.S. Court of Appeals for D.C. Circuit subjects Nigeria to enforcement action for $10 billion arbitration award Paris Judicial Court lifts attachments on frozen assets English Commercial Court grants anti-suit injunction in support of arbitration proceedings over Nigerian oil field financing dispute Dubai Court of Cassation issues decision on signature of arbitral awards Dubai Court of Appeal issues decision on expiry of arbitration agreement for failure to pay advance on costs English Commercial Court rules that a court-appointed arbitrator has no jurisdiction to hear US$300 million claim
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INVESTMENT CASES
Asia-Pacific
AT A GLANCE
Turkmenistan accedes to NYC, Kyrgyzstan ratifies ICSID Convention, HKIAC and CIETAC release 2021 statistics, Hong Kong proposes outcome-related fee structures and SCIAHK issues new arbitration rules. SIAC signs MOU with LCC and AAA-ICDR signs cooperative agreement with JIDRC. We also summarise key decisions from the Hong Kong and Singaporean Courts.
KEY LEGAL DEVELOPMENTS
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CIETAC releases its 2021 statistics and work plan for 2022 HKIAC releases its statistics for 2021 AAA-ICDR signs a cooperative agreement with the Japan International Dispute Resolution Center ("JIDRC") Outcome-related fee structures proposed in Hong Kong South China International Arbitration Centre (Hong Kong) Arbitration Rules come into force Turkmenistan accedes to the New York Convention ("NYC") SIAC signs memorandum of understanding with National and International Arbitration Centre of the Lima Chamber of Commerce Kyrgyzstan ratifies the ICSID Convention
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INVESTMENT CASES
Asia-Pacific
KEY CASE DEVELOPMENTS
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Hong Kong Court sets aside arbitration award on grounds of invalidity and public policy Hong Kong Court sets aside arbitral award granting remedy outside the scope of parties' pleadings Singapore Court of Appeal upholds Singapore High Court's decision to set aside arbitral award without remission Singapore High Court clarifies the scope of peremptory order powers of an ad hoc arbitrator Arbitration clause in loan agreement held not to extend to claims for dishonoured cheques Singapore High Court clarifies time limit for foreign States to challenge leave orders Singapore Court of Appeal upholds Singapore High Court's decision to suspend proceedings to set aside arbitration award Hong Kong Court of Appeal affirms the conceptual distinction between admissibility and jurisdiction
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INVESTMENT CASES
Newly Registered Investment Cases
Click on a region below to discover new ICSID Convention Arbitration cases and publicly known UNCITRAL and institutional cases registered between January and June 2022
Cases allocated based on the State/State entity (typically the Respondent)
Americas
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Europe Africa
Middle East
Asia-Pacific
INVESTMENT CASES
Americas
Europe Middle East and Africa Asia-Pacific
*Publicly known Sources: ICSID website, IAReporter and Jus Mundi.
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NEW ICSID, UNCITRAL* AND INSTITUTIONAL* INVESTMENT CASES REGISTERED BETWEEN JANUARY AND JUNE 2022
Corporacin Nacional del Cobre de Chile, Exploraciones Mineras Andinas S.A. and Inversiones Copperfield SPA v. Republic of Ecuador Registered: 25 January 2022 Arbitral Rules: ICSID (Case No. ARB/22/3) Treaty: Chile Ecuador BIT 1993 Economic Sector: Oil, Gas & Mining
Samson Wu v. Republic of Panama Registered: 14 February 2022 Arbitral Rules: ICSID (Case No. ARB/22/5) Treaty: Panama United States of America BIT 2000 Economic Sector: Water, Sanitation & Flood Protection
Consolidated Water Coperatief, U.A. v. United Mexican States Registered: 22 February 2022 Arbitral Rules: ICSID (Case No. ARB/22/6) Treaty: Netherlands Mexico BIT 1998 Economic Sector: Water, Sanitation & Flood Protection
CB&I UK Limited v. Republic of Colombia Registered: 5 April 2022 Arbitral Rules: ICSID (Case No. ARB/22/11) Treaty: Columbia United Kingdom BIT 2010 Economic Sector: Oil, Gas & Mining
Sargeant Petroleum, LLC v. Dominican Republic Registered: 17 May 2022 Arbitral Rules: ICSID Additional Facility (Case No. ARB(AF)/22/1) Treaty: CAFTA-DR (Dominican Republic Central America Free Trade Agreement) 2004 Economic Sector: Manufacturing
SGO Corporation Limited v. Bolivarian Republic of Venezuela Registered: 2 June 2022 Arbitral Rules: ICSID Additional Facility (Case No. ARB(AF)/22/2) Treaty: United Kingdom Venezuela BIT 1995 Economic Sector: Information & Communication
INVESTMENT CASES
Americas
Europe
Middle East and Africa Asia-Pacific
*Publicly known Sources: ICSID website, IAReporter and Jus Mundi.
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NEW ICSID, UNCITRAL* AND INSTITUTIONAL* INVESTMENT CASES REGISTERED BETWEEN JANUARY AND JUNE 2022
Huawei Technologies Co., Ltd. v. Kingdom of Sweden Registered: 21 January 2022 Arbitral Rules: ICSID (Case No. ARB/22/2) Treaty: Sweden China BIT 1982 Economic Sector: Information and Communication
Nederlandse Aardolie Maatschappij (NAM) v. Kingdom of the Netherlands Registered: 31 January 2022 Arbitral Rules: NAI Treaty: Contract Economic Sector: Oil, Gas and Mining
Asael Halevi v. Czech Republic Registered: 3 February 2022 Arbitral Rules: Ad-hoc / UNCITRAL Treaty: Czech Republic Israel BIT 1997 Economic Sector: Real Estate
Greenland Minerals A/S v. Greenland and the Kingdom of Denmark Registered: 23 March 2022 Arbitral Rules: Unknown Treaty: Contract Economic Sector: Oil, Gas and Mining
Addiko Bank AG v. Republic of Slovenia Registered: 30 March 2022 Arbitral Rules: ICSID (Case No. ARB/22/9) Treaty: Austria Slovenia BIT 2001 Economic Sector: Finance
Ostchem Holding v. Ukraine Registered: 2022 (exact date unknown) Arbitral Rules: SCC (2017) (Case No. 2022/006) Treaty: ECT (Energy Charter Treaty) Economic Sector: Oil, Gas and Mining
Clara Petroleum Ltd v. Romania Registered: 1 April 2022 Arbitral Rules: ICSID (Case No. ARB/22/10) Treaty: ECT (Energy Charter Treaty) Economic Sector: Oil, Gas & Mining
WOC Photovoltaik Portfolio GmbH & Co. KG and others v. Kingdom of Spain Registered: 5 April 2022 Arbitral Rules: ICSID (Case No. ARB/22/12) Treaty: ECT (Energy Charter Treaty) Economic Sector: Electric Power & Other Energy
Coropi Holdings Limited, Kalemegdan Investments Limited and Erinn Bernard Broshko v. Republic of Serbia Registered: 27 May 2022 Arbitral Rules: ICSID (Case No. ARB/22/14) Treaty: Canada Serbia BIT 2014 and Serbia Cyprus BIT 2005 Economic Sector: Real Estate
Plaza Centers N.V. v. Romania Registered: 3 June 2022 Arbitral Rules: ICSID (Case No. ARB/22/15) Treaty: Romania Netherlands BIT 1994 Economic Sector: Construction
Aderlyne Limited v. Romania Registered: 3 May 2022 Arbitral Rules: ICSID (Case No. ARB/22/13) Treaty: ECT (Energy Charter Treaty) Economic Sector: Electric Power & Other Energy
INVESTMENT CASES
Americas Europe
Middle East and Africa
Asia-Pacific
*Publicly known Sources: ICSID website, IAReporter and Jus Mundi.
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NEW ICSID, UNCITRAL* AND INSTITUTIONAL* INVESTMENT CASES REGISTERED BETWEEN JANUARY AND JUNE 2022
Louis Claude Norland Suzor and SBEC Systems Limited v. Republic of Senegal
Registered: 5 January 2022
Arbitral Rules: ICSID (Case No. ARB/22/1)
Treaty: Mauritius Senegal BIT 2002 and Senegal Investment Law (2004)
Economic Sector: Electric Power & Other
GMS Ventures and Investment Holdings Co. LLC/Jordan (Exempt) and GMS Ventures and Investments Holdings Company Jordan (Free Zones) v. Republic of Iraq
Registered: 30 March 2022
Arbitral Rules: ICSID (Case No. ARB/22/8)
Treaty: Jordan Iraq BIT 2013
Economic Sector: Manufacturing
Primesouth International Offshore S.A.L. v. Republic of Iraq Registered: 4 March 2022 Arbitral Rules: ICSID (Case No. ARB/22/7) Treaty: Contract Economic Sector: Electric Power and Other Energy
Medco International Ventures Limited v. National Oil Corporation (Libya) Registered: 15 March 2022 Arbitral Rules: ICC Treaty: Contract Economic Sector: Oil, Gas & Mining
Comercializadora Mediterrnea de Viviendas S.A. v. Kingdom of Morocco
Registered: 27 June 2022
Arbitral Rules: ICSID (Case No. ARB/22/17)
Treaty: Morocco Spain BIT 1989
Economic Sector: Construction
INVESTMENT CASES
Americas Europe Middle East and Africa
Asia-Pacific
*Publicly known Sources: ICSID website, IAReporter and Jus Mundi.
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NEW ICSID, UNCITRAL* AND INSTITUTIONAL* INVESTMENT CASES REGISTERED BETWEEN JANUARY AND JUNE 2022
KrisEnergy Bangladesh Limited v. People's Republic of Bangladesh and Bangladesh Oil, Gas and Mineral Corporation Registered: 26 January 2022
Arbitral Rules: ICSID (Case No. ARB/22/4)
Treaty: Contract
Economic Sector: Oil, Gas & Mining
CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited, and Telcom Devas Mauritius Limited v. Republic of India Registered: 2 February 2022
Arbitral Rules: UNCITRAL (1976)
Treaty: Mauritius India BIT 1998
Economic Sector: Information & Communication
Ozkartallar Inaat Sanayi Ve Ticaret A.S. and Campak Temizlik Bilgi Ilem Otomasyon Saglik Hizmetleri Iletiim Sanayi Ve Ticaret A.S. v. Islamic Republic of Pakistan
Registered: 21 June 2022
Arbitral Rules: ICSID (Case No. ARB/22/16)
Treaty: Pakistan Turkey BIT 1995
Economic Sector: Water, Sanitation and Flood Protection
Light Rail Manila Corporation v. Philippines
Registered: 6 May 2022
Arbitral Rules: ICC (2021)
Treaty: Contract
Economic Sector: Transportation
INVESTMENT CASES
Contacts
Raid Abu-Manneh
Global co-head of Mayer Brown's International Arbitration Practice London | View CV here T: +44 20 3130 3773 E: [email protected]
Menachem M. Hasofer
Global co-head of Mayer Brown's International Arbitration Practice Hong Kong | View CV here T: +852 2843 2384 E: [email protected]
Click here for more information about Mayer Brown's International Arbitration practice, and for contact details of other team members.
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AMERICAS
NEW YORK B. Ted Howes | View CV here E: [email protected] T: +1 212 506 2279
HOUSTON Michael P. Lennon | View CV here E: [email protected] T: +1 713 238 2667
CHICAGO James R. Ferguson | View CV here E: [email protected] T: +1 312 701 7282
Charles E. Harris II | View CV here E: [email protected] T: +1 312 701 8934
RIO DE JANEIRO (T&C) Gustavo Fernandes de Andrade View CV here E: [email protected] T: +55 21 2127 4271
SAO PAULO (T&C) Fbio Peixinho | View CV here E: [email protected] T: +55 11 2504 4660
Gustavo Scheffer da Silveira View CV here E: [email protected] T: +55 11 2504 4206
EUROPE
LONDON
Luiz Aboim | View CV here E: [email protected] T: +44 20 3130 8763
A S I A - PA C I F I C
SINGAPORE
Yu-Jin Tay | View CV here E: [email protected] T: +65 6922 2238
Rachael O'Grady | View CV here E: [email protected]
T: +44 20 3130 3854
Paul Teo | View CV here E: [email protected]
T: +65 6922 2236
Kwadwo Sarkodie | View CV here E: [email protected] T: +44 20 3130 3335
Kay-Jannes Wegner | View CV here E: [email protected] T: +65 6922 2237
Mark Stefanini | View CV here E: [email protected] T: +44 20 3130 3704
PARIS Dany Khayat | View CV here E: [email protected] T: +33 1 53 53 36 31
HONG KONG
Bill Amos | View CV here E: [email protected] T: +852 2843 2282
Mei Ling Lew | View CV here E: [email protected] T: +852 2843 2491
Alejandro Lpez Ortiz View CV here E: [email protected] T: +33 1 53 53 18 62
FRANKFURT
Ulrich Helm | View CV here E: [email protected] T: +49 69 7941 1030
Jan Kraayvanger | View CV here E: [email protected] T: +49 69 7941 2271
MIDDLE EAST/AFRICA
DUBAI
Alain Farhad | View CV here E: [email protected] T: +971 4 568 4950
Key lawyers with expertise in Africa are Dany Khayat, Kwadwo Sarkodie and Luiz Aboim
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