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Before the COVID-19 pandemic, the fight against Climate Change was the number one topic on the news. What was most striking about the fight against Climate Change were the huge numbers that were discussed. Under the UNFCCC[1] Copenhagen Accord of 18 December 2009, developed countries committed to jointly mobilize USD 100 billion dollars a year by 2020, to finance projects to halt Climate Change or at least mitigate the impact of Climate Change. In December…

We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This new edition reviews important developments in arbitration over the past year across 47 jurisdictions, including: The effects of COVID-19 on international arbitration;New arbitral rules from major institutions such as the LCIA and ICC;The increasing use of artificial intelligence and technology in arbitration; andthe ongoing uncertainty around the future of intra-EU BITs following the European Court of…

States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of coronavirus, ensure healthcare systems are not overrun and, more recently, balance reviving the economy and keeping control of the virus. These wide-ranging and far-reaching measures are not without consequences, particularly on foreign investments. We highlight examples of measures that may have the potential — and for some have already started —…

Facts of the Case The São Paulo State Court of Appeals (“the Court”) annulled an arbitral award, by request of the claimant in the arbitration (an insurance company), on the grounds that the presiding arbitrator violated his duty of disclosure (Decision of the court in Portuguese available here). The arbitration started in March 2015, and the award was issued on February 7, 2018. During the course of the arbitration, the respondent appointed the presiding arbitrator…