Americas
AT A GLANCE
New arbitration rules (CAM-CCBC and Vancouver Arbitration Centre), important legislative/Constitutional proposals, ICSID's Annual Report and a version five of the ICSID/UNCITRAL Code of Conduct are key highlights. We report on investor-state cases involving Peru, Venezuela, Canada and Bolivia, plus U.S. court rulings and a Brazilian Supreme Court of Justice decision.
KEY LEGAL DEVELOPMENTS
Click on the below bullet points for more information
Vancouver Arbitration Centre's new International Commercial Arbitration Rules Proposed amendment to the Brazilian Arbitration Act Chilean voters reject proposed Constitutional reform Bill proposal seeks to regulate the resolution of tax and custom disputes by arbitration ICC launches new secure digital submission platform "ICC Case Connect" ICSID publishes its 2022 Annual Report CAM-CCBC unveils its new 2022 Arbitration Rules ICSID & UNCITRAL publish Version Five of draft Code of Conduct, Comments thereon and Draft Commentary
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INVESTMENT CASES
Americas
KEY CASE DEVELOPMENTS
Click on the below bullet points for more information
ICSID tribunal holds Bolivia liable under the Spain-Bolivia BIT Texas investor brings claim against Peruvian State entity NAFTA panel rejects paper mill claim against Canada Ninth Circuit holds that arbitral summonses can be enforced under Section 1782 US District Court enforces arbitral award against Venezuela amidst ongoing annulment proceedings The Brazilian Supreme Court Of Justice decides which jurisdiction prevails in case of bankruptcy Third Circuit rules that challenge to validity of assignment does not challenge validity of underlying arbitration agreement Insurance currency dispute leads to one more ICSID claim against Venezuela
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INVESTMENT CASES
Europe
AT A GLANCE
Legal highlights include: new arbitration rules (LCAM and Scottish Arbitration Centre), DIS statistics (2021), Law Commission's Consultation Paper on the Arbitration Act 1996, Data Protection and Gender Diversity Reports plus ECT, third-party funding and sanctions-related developments. We report on key English, Parisian and German court cases and an ICSID challenge decision.
KEY LEGAL DEVELOPMENTS
Click on the below bullet points for more information
The DIS publishes its 2021 statistics Arbitrations are exempt from prohibition to engage with entities linked with Russia and the LCIA obtains a General Licence ICCA publishes two key reports: one on Data Protection and another on Gender Diversity in arbitration London Chamber of Arbitration and Mediation updates its Arbitration Rules EU plans to regulate third-party funding New Scottish Arbitration Centre Rules enter into force The Law Commission issues its Consultation Paper on possible reforms to the Arbitration Act 1996 European withdrawals from the Energy Charter Treaty ("ECT") and other ECT developments
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INVESTMENT CASES
Europe
KEY CASE DEVELOPMENTS
Click on the below bullet points for more information New Chapter of the Pechstein Saga Paris Court of Appeal stays enforcement of a multi-billion dollar award against Malaysia English court starts to grant EU anti-suit injunctions post-Brexit Higher Regional Court of Cologne declares ICSID arbitrations inadmissible Paris Court of Appeal confirms tribunal's decision to decline jurisdiction given its interpretation of Germany-Venezuela BIT Kabab-Ji case: French and English courts continue to clash over the governing law of the arbitration agreement
Spain fails to disqualify ICSID tribunal over procedural decisions English High Court lifts stay on enforcement of Yukos awards
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INVESTMENT CASES
Middle East & Africa
AT A GLANCE
The UAE recognises reciprocal enforcement of English court judgments, major SCCA developments, a new model BIT for African States, Sierra Leone's Arbitration Act 2022 and Angola ratifies the ICSID Convention. We report on important cases from the Abu Dhabi, Dubai, Jordanian and DIFC courts plus disputes involving Nigeria, Madagascar and Congo.
KEY LEGAL DEVELOPMENTS
Click on the below bullet points for more information
New Model Bilateral Investment Treaty for African States launched by Africa Arbitration Academy Sierra Leone's new Arbitration Act 2022 Saudi Center for Commercial Arbitration ("SCCA") confirms freedom to choose legal representatives UAE recognises reciprocal enforcement of English court judgments Angola ratifies the ICSID Convention SCCA establishes an independent SCCA Court SCCA inaugurates SCCA Dubai, its first branch outside of the Kingdom of Saudi Arabia Launch of ArabArb
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INVESTMENT CASES
Middle East & Africa
KEY CASE DEVELOPMENTS
Click on the below bullet points for more information
Abu Dhabi Court of Cassation annuls award due to arbitrator's failure to disclose potential conflict of interest Dubai Court of Cassation issues decision confirming oath requirement in arbitration Jordanian Court of Cassation confirms that disputes arising from distribution agreements are arbitrable Washington D.C. District Court confirms that it has jurisdiction to enforce arbitration award against Nigeria DIFC court refuses to issue anti-suit injunction MMG allegedly plans to issue an ICC claim against Gcamines ICSID ad hoc committee upholds an award against Madagascar High Court of Lesotho voids an arbitration agreement in a public contract
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INVESTMENT CASES
Asia-Pacific
AT A GLANCE
We see important HKIAC developments, full implementation of Outcomerelated fee structures in Hong Kong, a new PCA office in Vietnam and CIETAC's Special Relief Arrangements. We summarise key Hong Kong and Singaporean court cases including the Singapore High Court's decision that it can enforce an interim award issued by a foreign-seated emergency arbitrator.
KEY LEGAL DEVELOPMENTS
Click on the below bullet points for more information
Special Relief Arrangements made by CIETAC to reduce arbitration fees during COVID-19 pandemic HKIAC's inclusion in CICC "One-Stop Platform" enables HKIAC users to apply for interim relief/enforcement in the PRC HKIAC and TIAC sign cooperation agreement to adopt the TIAC-HKIAC Cross-Institutional Arbitration Rules Singapore publishes strategy to counter the financing of terrorism HKIAC publishes the second edition of the HKIAC Guide to Domain Name Dispute Resolution Singapore publishes National Hydrogen Strategy to achieve Net-Zero by 2050 Outcome-related fee structures in arbitration proceedings to come into operation in Hong Kong Permanent Court of Arbitration opens new office in Vietnam
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INVESTMENT CASES
Asia-Pacific
KEY CASE DEVELOPMENTS
Click on the below bullet points for more information
Hong Kong court stays enforcement of CIETAC award for three months pending determination by PRC courts Singapore High Court holds an award may be "final" even if it contains conditional relief The Singapore Court of Appeal rejects the "no evidence rule" Hong Kong Court of First Instance refuses to set aside awards due to an error of law Singapore Court of Appeal addresses scope of tribunal's jurisdiction regarding matters remitted to it Singapore High Court holds that an interim award made in a foreign seated arbitration is enforceable in Singapore Hong Kong court orders security for costs against parties seeking to set aside LCIA arbitration awards Non-existence of a nominated arbitration institution does not preclude parties from relying on arbitration agreement
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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 June and November 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 JUNE AND NOVEMBER 2022
Nahuen Energa S.A. v. Compaa Administradora del Mercado Mayorista Elctrico S.A. (Argentina) Registered: 2022 (exact date unknown) Arbitral Rules: UNCITRAL (2013) (PCA Case No. 2022-28) Treaty: Contract Economic Sector: Electric Power and Other Energy
Riteve v. Republic of Costa Rica Registered: 2022 (exact date unknown) Arbitral Rules: Costa Rican American Chamber of Commerce Treaty: Contract Economic Sector: Unknown
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
Upland Oil and Gas LLC (USA) and Upland Oil and Gas LLC (Per) v. PeruPetro S.A. Registered: 13 July 2022 Arbitral Rules: ICSID (Case No. ARB/22/19) Treaty: Contract Economic Sector: Oil, Gas & Mining
Fbrica de Vidrio Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela Registered: 27 July 2022 Arbitral Rules: ICSID Additional Facility (Case No. ARB(AF)/22/3) Treaty: Netherlands Bolivarian Republic of Venezuela BIT 1991 Economic Sector: Manufacturing
Bacilio Amorrortu v. Republic of Peru Registered: 16 August 2022 Arbitral Rules: UNCITRAL (2013) (PCA Case No. 2020-11) Treaty: United States Peru Free Trade Agreement 2006 Economic Sector: Oil, Gas & Mining
Jos Alejandro Hernndez Contreras v. Republic of Costa Rica Registered: 26 August 2022 Arbitral Rules: ICSID Additional Facility (Case No. ARB(AF)/22/5) Treaty: Costa Rica Bolivarian Republic of Venezuela BIT 1997 Economic Sector: Information & Communication
Coeur Mining v. United Mexican States Registered: 1 September 2022 Arbitral Rules: Unknown Treaty: NAFTA (North American Free Trade Agreement) and USMCA (United States-Mexico-Canada Agreement) Economic Sector: Oil, Gas & Mining
Doups Holdings LLC v. United Mexican States Registered: 14 September 2022 Arbitral Rules: ICSID (Case No. ARB/22/24) Treaty: NAFTA (North American Free Trade Agreement) and USMCA (United States-Mexico-Canada Agreement) Economic Sector: Transportation
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 JUNE AND NOVEMBER 2022
Yoram Moussaieff v. Republic of Panama Registered: 20 September 2022 Arbitral Rules: ICSID (Case No. ARB/22/26) Treaty: United States of America Panama BIT 1982 Economic Sector: Electric Power & Other Energy
Junefield Gold v. Republic of Ecuador Registered: 4 October 2022 Arbitral Rules: UNCITRAL and/or ad-hoc Treaty: China Ecuador BIT 1994 Economic Sector: Oil, Gas & Mining
Grupo Concesionario del Oeste S.A. v. Argentine Republic Registered: 20 October 2022 Arbitral Rules: ICC (2021) Treaty: Contract Economic Sector: Transportation
Autopistas del Sol S.A. v. Argentine Republic Registered: 20 October 2022 Arbitral Rules: ICC (2021) Treaty: Contract Economic Sector: Transportation
Nacato N.V. and others v. Bolivarian Republic of Venezuela Registered: 26 October 2022 Arbitral Rules: ICSID Additional Facility (Case No. ARB(AF)/22/6) Treaty: Netherlands Bolivarian Republic of Venezuela BIT 1991 Economic Sector: Finance
Bank of Nova Scotia v. Republic of Peru Registered: 15 November 2022 Arbitral Rules: ICSID (Case No. ARB/22/30) Treaty: Canada Peru Free Trade Agreement 2009 Economic Sector: Finance
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 JUNE AND NOVEMBER 2022
ANA v. Portuguese Republic Registered: 2022 (exact date unknown) Arbitral Rules: Unknown Treaty: Contract Economic Sector: Transportation
GAMA Guchleri Mehndislik ve taahnut AS v. North Macedonia Registered: 2022 (exact date unknown) Arbitral Rules: ICC Treaty: North Macedonia Turkey BIT 1995 Economic Sector: Electric Power & Other Energy
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
RTI Rotalin Gas Trading AG and Rotalin Gaz Trading S.R.L. v. Republic of Moldova Registered: 3 August 2022 Arbitral Rules: ICSID Additional Facility (Case No. ARB(AF)/22/4) Treaty: ECT (Energy Charter Treaty) Economic Sector: Oil, Gas and Mining
Ascent Resources Plc. and Ascent Slovenia Ltd. v. Republic of Slovenia Registered: 1 September 2022 Arbitral Rules: ICSID (Case No. ARB/22/21) Treaty: ECT (Energy Charter Treaty) Economic Sector: Oil, Gas & Mining
Encavis AG and others v. French Republic Registered: 2 September 2022 Arbitral Rules: ICSID (Case No. ARB/22/22) Treaty: ECT (Energy Charter Treaty) Economic Sector: Electric Power & Other Energy
Suffolk (Mauritius) Limited, Mansfield (Mauritius) Limited and Silver Point Mauritius v. Portuguese Republic Registered: 11 November 2022 Arbitral Rules: ICSID (Case No. ARB/22/28) Treaty: Mauritius Portugal BIT 1997 Economic Sector: Finance
Vasilisa Ershova and Jegor Jersov v. Republic of Bulgaria Registered: 11 November 2022 Arbitral Rules: ICSID (Case No. ARB/22/29) Treaty: ECT (Energy Charter Treaty) Economic Sector: Oil, Gas & Mining
MOL Hungarian Oil and Gas v. Republic of Croatia Registered: 11 November 2022 Arbitral Rules: UNCITRAL Treaty: Unknown Economic Sector: Oil, Gas & Mining
UAB Arctic Fishing v. Kingdom of Norway Registered: 18 November 2022 Arbitral Rules: ICSID (Case No. ARB/22/31) Treaty: Lithuania Norway BIT 1992 Economic Sector: Agriculture, Fishing & Forestry
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 JUNE AND NOVEMBER 2022
Uniper SE v. Gazprom Export (the Russian Federation) Registered: 2022 (exact date unknown) Arbitral Rules: SCC Arbitration Rules 2017 Treaty: Contract Economic Sector: Electric Power and Other Energy
Chabbour Auto v. People's Democratic Republic of Algeria Registered: 2022 (exact date unknown) Arbitral Rules: UNCITRAL and/or ad-hoc Treaty: Algeria Egypt BIT 1997 Economic Sector: Transportation
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 1997 Economic Sector: Construction
PCCW Cascade (Middle East) Ltd. v. Kingdom of Saudi Arabia Registered: 26 July 2022 Arbitral Rules: ICSID (Case No. ARB/22/20) Treaty: China Saudi Arabia BIT 1996 Economic Sector: Information & Communication
Tayeb Benabderrahmane v. State of Qatar Registered: 14 September 2022 Arbitral Rules: ICSID (Case No. ARB/22/23) Treaty: Qatar France BIT 1996 Economic Sector: Services & Trade
Cameroon Oil Transportation Company S.A. and others v. Republic of Cameroon Registered: 11 November 2022 Arbitral Rules: ICSID (Case No. ARB/22/27) Treaty: Contract Economic Sector: Oil, Gas & Mining
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 JUNE AND NOVEMBER 2022
(Unidentified) U.S. Energy Company v. Socialist Republic of Vietnam Registered: 2022 (exact date unknown) Arbitral Rules: UNCITRAL and/or ad-hoc Treaty: United States of America Vietnam Trade Relations Agreement 2000 Economic Sector: Unknown
Tan Tao Investment & Industry Corporation v. Socialist Republic of Vietnam Registered: 2022 (exact date unknown) Arbitral Rules: UNCITRAL and/or ad-hoc Treaty: United States of America Vietnam Trade Relations Agreement 2000 Economic Sector: Unknown
Digicel (Singapore) Private Limited v. Independent State of Papua New Guinea Registered: 6 July 2022 Arbitral Rules: ICSID (Case No. ARB/22/18) Treaty: Contract Economic Sector: Information & Communication
International Mining Company Invest, Inc. v. Kyrgyz Republic Registered: 19 September 2022 Arbitral Rules: ICSID (Case No. ARB/22/25) Treaty: United States of America Kyrgyz Republic BIT 1993 Economic Sector: Oil, Gas & Mining
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
PowerChina HuaDong Engineering Corporation and China Railway 18th Bureau Group Company Ltd v. Socialist Republic of Vietnam
Registered: 29 November 2022
Arbitral Rules: ICSID Additional Facility (Case No. ARB(AF)/22/7)
Treaty: ASEAN China Investment Agreement 2009
Economic Sector: Construction
INVESTMENT CASES
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