GAR Volume 3 - Issue 4

Spain opens up

Adriana Batan - Global briefing - Latest cases

Features

Interim relief

Spain is no longer problematic when it comes to interim relief. Álvaro López de Argumedo (partner) and Marco de Benito (senior associate) of Uría Menéndez explain

Partial awards remain in limbo

Spanish arbitrators remain cautious about using partial awards. Oscar Franco, associate at Ashurst, explains more

Q&A with the president of the Spanish Court of Arbitration

Spain has many arbitral institutions, but few have the caseload of the Spanish Court of Arbitration.

 

Recent decisions on setting aside

Have Spain’s judges stuck to the spirit of the new arbitration law? Joe Tirado (partner) and Justine Rosset (associate) of Norton Rose LLP, and Carlos de los Santos (partner) and Margarita Soto (associate) of Garrigues report

Chapters of the Spanish Arbitration Club

José Miguel Júdice

Chair of the Portuguese chapter of the Spanish Arbitration Club. Founding partner, PLMJ

Chapters of the Spanish Arbitration Club

Pedro Martínez-Fraga

Chair of the Florida chapter of the Spanish Arbitration Club. Partner, Squire Sanders & Dempsey LLP

Chapters of the Spanish Arbitration Club

Alexis Mourre

Chair of the French chapter of the Spanish Arbitration Club. Founding partner, Castaldi Mourre & Partners

Chapters of the Spanish Arbitration Club

Eloy Anzola

Chair of the Venezuelan chapter of the Spanish Arbitration Club. Independent arbitrator

Is it really necessary to hurry when arbitrating in Spain?

Spain’s law gives arbitrators just six months to produce awards. Is that too aggressive? Alejandro López Ortiz, senior associate of Lovells LLP’s Madrid office, decides

Q&A with the chairman of the Spanish Arbitration Club

José María Alonso is chairman of the Club Español del Arbitraje. He talked about how Spain now has specialist arbitration judges, and other improvements in support for arbitration, with Sarah Dookhun

Community News

Bond takes over Stockholm journal

The Stockholm International Arbitration Review has a new general editor: Stephen Bond, co-head of international arbitration at White & Case LLP.

CIETAC seeks wider perspective

The China International Economic and Trade Arbitration Commission has appointed two individuals with reputations outside China to its expert committee.

Draft UK construction act released

Those wishing to participate in the reform of English construction law have until 12 September to comment on a draft bill.

Dubai group selects Herbert Smith for arbitration counsel

Dubai’s Jumeirah Group has chosen Herbert Smith LLP to be the arbitration and litigation firm on its legal panel.

IBA announces review of evidence rules

The IBA’s arbitration committee is to review the IBA Rules of Evidence in International Commercial Arbitration, to coincide with their 10th anniversary. The review should be complete by autumn 2009.

ICC adjusts as US deputy director joins Baker & McKenzie

The ICC has been in recruiting mode for North America, to fill the gap created by the departure of Nancy Thevenin.

ICC court gains Bulgarian and Cuban members

The ICC International Court of Arbitration has added two members: Alexiev Assen of Bulgaria and Narcisco Cobo Roura from Cuba. Their arrival means the court now consists of 127 members, from 90 countries and territories.

ICC seeks committee members for YAF

The ICC is seeking regional committee members for its global forum designed for lawyers and in-house counsel under 40.

ICCA speaker becomes Bar chair

One of ICCA Dublin’s more memorable speakers has been elected chairman of the Bar Council of Ireland.

Latin-American theme to recent moves

Latin America provides the common thread to a series of recent announcements from international arbitration groups.

Madrid Court revises its rules

Madrid’s Court of Arbitration will unveil a modernised set of rules in November, its new counsel Elena Gutiérrez says.

Pakistan centre joins APRAG


The Karachi Centre for Dispute Resolution in Pakistan has joined the Asia-Pacific Regional Arbitration Group. APRAG was established in 2004, in part so that members could participate in UNCITRAL discussions. Its initial list of 17 arbitral centres has grown to more than 30.

Round-up from Europe and Asia

Lord Falconer of Thornton QC -  until recently a high-profile member of the UK government -  has joined Gibson Dunn & Crutcher LLP’s dispute resolution practice.

Searching for identity

Spain’s arbitration bar continues to debate how it might attract cases. By Sarah Dookhun

UNCITRAL says farewell to Sekolec

The UN is in the process of selecting a new secretary of UNCITRAL, to succeed Jernej Sekolec, who retired at the end of July.

Young-OGEMID begins trial phase

Young-OGEMID has gone live, in a free trial format that will last until November. OGEMID was set up by Professor Thomas Wälde. It was originally a discussion group of about 25 people, made up of PhD students at his faculty in Dundee, faculty staff, and a limited number of external colleagues. OGEMID now has over 825 members, including many senior practitioners.

Surveys

Top 21 for arbitration in Spain

Who’s Who in Spain’s international arbitration community? The following 21 individuals come recommended. By Sarah Dookhun

Global Briefing

English court refuses to enforce French award

The High Court in London has refused to enforce a Saudi Arabian claimant’s ICC award against Pakistan, in a decision that’s sure to ignite debate among students of the New York Convention.

"Amicable" African oil dispute completed

An LCIA tribunal has concluded an "amicable arbitration" between two oil and gas investors, allowing drilling to commence in a block off West Africa.

Biwater-Gauff claim ends in hollow victory

A tribunal has declined to award any damages to Anglo-German investor Biwater-Gauff in its ICSID claim over a failed water privatisation project.

ConocoPhillips tribunal constituted

Kenneth Keith QC of New Zealand will chair the tribunal hearing ConocoPhillips’ ICSID claim against Venezuela over the nationalisation of its oil assets in the Orinoco belt.

Helnan counsel disappointed at contradictory ICSID award

An ICSID tribunal has ruled against hotel company Helnan in its claim against Egypt, despite agreeing that the state’s conduct was "suspicious".

Herbert Smith and Vinge join the fray on TNK-BP

The row between BP and its Russian partners in TNK-BP has pulled in two more law firms, as arbitration in Stockholm looks even more certain.

ICC REPORT: The YAF

The ICC has launched a group for up-and-coming arbitration specialists. Jan Schaefer (senior associate, Frankfurt) and John Templeman (associate, London) of Allen & Overy LLP explain how it will work

Libananco tribunal rules on intercepted e-mails

An ICSID tribunal has refused to penalise Turkey for conducting surveillance on a claimant and its counsel, but has insisted the state separate the activities of criminal authorities from an Energy Charter Treaty arbitration.

Petrobras and Transcor fall out

Petrobras has begun arbitration to avoid purchasing the remainder of a refinery in Texas.

POLAND: Eureko talks collapse

Spiralling legal fees haven’t stopped talks breaking down in Poland’s longest running post-privatisation disputes. By Tomasz Wardyñski of Wardyñski and Partners

Samsung denied parity with Nokia in royalty dispute

Samsung has failed to persuade an ICC panel to place it in the same position as Nokia in a pair of long-running disputes with InterDigital over 2G and 3G technology.

SPAIN: Iberdrola v Red Eléctrica*

A Madrid court of appeal has said removal of an arbitrator by the ICC Court is no ground for challenging an award in a parallel arbitration. By Cristian Conejero Roos

TREATY: Rompetrol and nationality

An ICSID tribunal has adopted a wide definition of "nationality" under a bilateral investment treaty in determining jurisdiction. By Matthew Weiniger (partner) and Matthew Page (associate) of Herbert Smith LLP

Tribunal refuses jurisdiction over DRC case

An ICSID tribunal has dismissed a US company’s claim against the Democratic Republic of Congo because it falls outside the US-Congolese bilateral investment treaty.

Argentina expected to exploit kickback scandal

Argentina is expected to use the evolving corruption scandal at Siemens as grounds to challenge a US$300 million ICSID award.

ARGENTINA: Did "finally settled" waive the right to appeal?

A court of appeal recently said "no". It also considered the topical issue of "constitutionality". By Juan Sonoda of Beretta Godoy

Bolivia wins again on foreign assets rulings

A US federal judge has restored funds to Bolivian telecoms company Entel, after ruling they were improperly awarded to the company’s foreign investors.

CONSTRUCTION ARBITRATION: Challenges from new trends

This is a new addition to GAR’s Global Briefing - a column on construction arbitration. Phillip Capper, partner at White & Case in London, discusses issues for construction industry cases

Danone fails to overturn Chinese award

French dairy group Danone remains bound by a ruling that it never properly registered its Chinese intellectual property, after a local court refused to set aside an arbitral award.

EU: "Societas Europaea" - what status under BITs?

The European Union encourages investors to use a particular corporate vehicle. But what are the implications for coverage of such a vehicle under investment treaties? By Joshua Fellenbaum (consultant) of Clayton Utz*

Gazprom wins Moldova gas dispute

Gazprom has won the first of four separate arbitrations against Moldova’s main gas company.

MONEY COLUMN: When a witness-employee lies

What happens if an expert on your payroll turns out to be a - very - unreliable witness? Can you proceed against the consulting firm whence he or she came? It depends. By Mark Kantor, independent arbitrator in Washington, DC and member of Global Arbitration Review’s editorial board

Nicaragua requests arbitration at ICSID


Nicaragua has become one of the first governments to initiate arbitration at ICSID in a dispute with a Spanish hotel group.

SWITZERLAND: Supreme Court extends indemnity to a distributor-termination

Many distribution agreements are governed by Swiss law. A recent ruling of the Supreme Court extends the scope for distributors to claim indemnification. By Phillip Landolt, partner of Charles Russell LLP, Geneva

Tribunal rules on Ajaokuta steel mill

A London tribunal that included Cherie Booth QC, wife of the former British prime minister Tony Blair, has awarded damages to a US energy company in a dispute over a steelworks.

Book Reviews

International Construction Arbitration Handbook

Author: John W Hinchey and Troy L Harris
Price: US$135
645 pp, plus 36 appendices (annual supplements projected)
Publisher: Thomson Reuter/West

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence

Author: Mark Kantor
Price: US$172
Publisher: Kluwer Law International

Corporate Counsel

Adriana Batan

Company: Techint Engineering & Construction Companies

Title: General counsel

Age: 40

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