The Indian parliament passed a bill on the 10th August 2018, with the aim to modify the Arbitration and Conciliation Act, 1996. This new legislation is based on a report made by the High Level Committee created by the government in order to modernize the practice of arbitration in India. This modification aims to create [...]
ICSID, 22 August 2018, Standard Chartered Bank (Hong Kong) Ltd. v. Tanzania Electric Supply Company Ltd. (TANESCO), ICSID Case No. ARB/10/20, Decision on the Application for Annulment
Upon the request of Tanzania Electric Supply Company Limited (TANESCO or “Respondent”), an electricity supply company designated as an agency of the Republic of Tanzania pursuant to Article 25(1) of the ICSID Convention, on 22 August 2018, an ICSID ad hoc committee issued a decision on annulment of an arbitral award dated 12 September 2016. [...]
On 14 August 2018, the Russian Arbitration Center (“RAC”) published an annual report for 2017/2018. This report analyses the evolution of the RAC during these years. It provides general information about arbitration in Russia, or about international cooperation with other arbitration institutions (e.g., the Singapore International Arbitration Center or the Hong Kong International Arbitration Center). [...]
England and Wales Court of Appeal, 10 August 2018, Anatolie Stati, Gabriel Stati, Ascom Group S.A. and Terra Raf Trans Traiding Limited v. The Republic of Kazakhstan,  EWCA Civ 1896
On 19 December 2013, an SCC arbitral tribunal issued an award in favour of Anatolie Stati, Gabriel Stati, Ascom Group S.A. and Terra Raf Trans Traiding Limited (“Appellants”). By this award, a violation by the Republic of Kazakhstan (“Defendant”) of the fair and equitable treatment standard set up in the European Charter Treaty was characterized. [...]
Texas Court of Appeals, Third District, 8 August 2018, Dixie Equipment, LLC and Dixie Turbine Services, LLC v. Energia de Ramos, S.A.P.I de C.V. f/k/a Deacero Power S.A.P.O de C.V.
Dixie Equipment, LLC and Dixie Turbine Services, LLC (“Appellants”) and Energia de Ramos, S.A.P.I de C.V.f/k/a Deacero Power S.A.P.I de C.V (“Respondent”) entered into two agreements in 2012 and 2013 dealing with the construction of a power plant in Mexico. Both of these contracts contained an arbitration clause. After the disputes arose between the parties, [...]
ICSID proposes amendments to its rules to resolve investment disputes. All filing will be done electronically unless there are special reasons to maintain paper filing, timelines have been specified and, in many cases, reduced. Other proposals concern provisions on transparency, security for costs, challenge of arbitrators and an obligation to disclose third party funders.
The new California law on commercial arbitration was signed on Wednesday the 18 July 2018 by the governor of California Jerry Brown. This new law summarizes the research led by the workgroup which was created by the chief justice of the supreme court of California, an initiative launched in order to reform the Californian arbitration [...]
The Mauritius international arbitration centre will begin operations as an independent centre on 27 July 2018. A new arbitration law will also come into force. This new institution follows the termination of the contract between the London Court of International Arbitration and the current arbitration centre in Mauritius. This centre will be financed by the [...]
Uruguay passed a new bill, based on the 1985 UNCITRAL Model law, with certain elements incorporated from the 2006 edition. It only applies to international commercial arbitration, while domestic arbitration continues to be governed by the Civil and commercial code.
The new law, dated 23 April 2018, has been approved by the House of Deputies on 4 July 2018. It only needs approval from President to be ratified. The bill is based on the 2006 UNCITRAL Model law, with a couple of departures from the text. The parties cannot agree that the subject matter of [...]