A. Introduction While investor-state arbitration remains a relatively new area of international law, the number of cases commenced under international investment agreements (IIAs) has grown exponentially over the past 10 years. This reflects in part the surge in the number of IIAs throughout the 1990s and early 2000s, but also an increasing awareness of the protections available.[1] For example, the 2016 UNCTAD World Investment Report noted that investors had initiated 70 known cases, the “highest…
The Brazilian Oil and Gas Agency (“ANP”) has recently published the draft agreements for exploration and production of…
This table can provide a general overview only. The rules listed may not be applicable in all circumstances.…
Moving towards more gender diversity in international arbitration has gained traction. In our last year’s article, we predicted that “more arbitral institutions will publish the percentage of female arbitrators in their arbitral tribunals.”[1] We were right. The statistics of female arbitrators looks as follows: Percentage of Female Arbitrators:201420152016LCIA[2] (London Court of International Arbitration)11.7%16%20.6%VIAC[3] (Vienna International Arbitration Center)./.14.3%17.1%ICDR[4] (International Center for Dispute Resolution)./.16%16%ICC[5] (International Chamber of Commerce)./.4.4%14.8%DIS[6] (German Institution of Arbitration)./../.13.2%HKIAC[7] (Hong Kong International Arbitration Centre)./../.11.5%…
The United States District Court for the Southern District of Florida, in Inversiones y Procesadora Tropical INPROTSA, S.A.…
2016 has been another busy year for the world’s arbitral institutions. This is reflected by the institutions’ caseload…
Tribunal dismisses investor’s claims because of breach of admissibility requirements under the applicable BIT in the ICSID case Supervisión y Control S.A. v. Republic of Costa Rica On January 18, 2017, the Tribunal in the case of Supervisión y Control S.A. v. Republic of Costa Rica (ICSID Case No. ARB/12/4), through a majority decision, ruled inadmissible all the claims put forth in the arbitration, as a result of an invalid waiver by the Claimant investor…
A. Introduction International arbitration is often referred to as the area of globalization “par excellence.” Indeed, it is…
Indemnification clauses are common in share purchase agreements (“SPA”). Post M&A disputes frequently concern alleged breaches of such…
Law 13.448 was published today in Brazil, to regulate the possibility of extending or submitting to new bid certain current concessions of railways, highways and airports. This is an important step for the new Brazilian privatization program, as the Federal Government wishes to terminate and submit to a new bid certain concessions in which the concessionaire are supposedly in default, as well as to extend the term of other concessions in exchange of further investments.…