The High Court of Justice in Northern Ireland had to decide whether it could allow state court proceedings if the parties have failed to pay the advance on costs requested by the ICC. Case note on: Trunk Flooring Ltd v HSBC Asset Finance (UK) Ltd and Costa Rica SRL [2015] NIQB 23 FACTS The plaintiff purchased machinery from the 1st defendant that was manufactured by the 2nd defendant. The plaintiff was dissatisfied with the operation of the machine, so…
On 30 March 2015, Brazil and Mozambique entered into a treaty, which they call the Agreement for Cooperation…
What are the differences between the most popular international arbitration rules. You find an updated version of our…
INTRODUCTION 1. Several International Tribunals have come to the conclusion that “[t]he requirements of independence and impartiality serve the purpose of protecting the parties against arbitrators being influenced by factors other than those related to the merits of the case.”2. Taking such statement as a starting point, this paper will focus on the importance that this double requirement has, both for resolving particular disputes as well as for the whole arbitration system itself. For that…
Current Legislation Despite repeated attempts to obtain congressional approval to adopt the UNCITRAL Model Law as the Argentine…
Venezuela’s withdrawal from the ICSID Convention does not prevent foreign investors from relying on other mechanisms in order…
Important companies headquartered in Peru are nowadays investing in countries of the Pacific Alliance. This is the case of Alicorp and the Gloria Group in Colombia; Brescia Group in Chile; Belcorp in Colombia, Mexico and Chile, as well as Ajegroup in Mexico and Colombia. Likewise, several Chilean, Colombian and Mexican companies are investing in other member countries. Hence Peru, Chile, Colombia and Mexico not only currently receive foreign investment, but also export investment towards other…
As of April 1, 2014, the United Nations Convention for the International Sale of Goods came into force…
The bill for a New Code of Civil Procedure (NCPC) was approved by the Brazilian Senate on 16…
Abstract: In 2012, Brazilian and English courts examined the validity of an arbitration agreement executed in Brazil. The decisions rendered demonstrate the different approaches in view of the choice of the law governing arbitration agreements. In Brazil, this law was associated with the law governing the main contract, which was Brazilian law, whereas in England, the decisions were based on the doctrine of the separability of the arbitration agreement from the underlying contract and determined…