While it hasn’t been a record year for most arbitral institutions, the demand for arbitration is still very strong. As in the previous years, we have compiled the numbers published by the arbitral institutions to date. Recently, the ICC made its 2018 statistics report available for download. We had a look at these numbers and updated this blog post. We will update this blog post again when further statistics become available (1). We also compare…
On May 17, 2018, the Federal Terrestrial Transport Agency of Brazil (ANTT) enacted Resolution 5,845/2019, whereby it detailed…
The Fédération Internationale des Ingénieurs-Conseils (FIDIC), in association with the International Tunnelling and Underground Space Association (ITA-AITES), launched…
Colombian constitutional law provides an action for the defense of fundamental constitutional rights, known as a “tutela action.” The tutela action has been accepted against domestic awards on the same grounds of a tutela action against judicial decisions, related mainly with violations of due process, such as procedural errors of sufficient gravity, errors of sufficient gravity on the examination of evidence or evidently erroneous factual findings. However, there is still discussion regarding the possibility of…
On April 30, 2019 the Brazilian Federal government has enacted Provisional Measure 881 (“MP 881”), with the intention…
We are pleased to announce that the twelfth edition of The Baker McKenzie International Arbitration Yearbook is now…
In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain level of security and allocate risk for unsatisfied expectations. As such, they are the main source of claims arising from M&A transactions. In order for the warranties and indemnities to have a real impact they should be secured – but is this enough? To ease the buyer’s concern regarding the seller’s capacity to pay indemnification amounts, arbitration…
Asia Pacific Australia Final report of government inquiry into banking and financial services A Government inquiry is examining…
On January 7, 2019, it became public the award of the arbitral proceeding between, on one hand, Libra…
We are seeing increasing efforts between states and between courts to co-operate over enforcement of judgments. This is long-overdue when compared to efforts for arbitration. The New York Convention represents an agreement by 159 states to give effect to private agreements to arbitrate, and to enforce foreign arbitration awards. In 2018, it reached its 60th anniversary, and it arguably stands as the world’s most successful treaty in private international law. Cross-border enforcement of court judgments…