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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…

ARGENTINA Luis E. Dates and Santiago Maqueda A. LEGISLATION AND RULES A.1       Legislation International arbitration in Argentina continues to be governed by (i) the National Civil and Commercial Code (2015), (ii) the Law on International Commercial Arbitration (2018), and (iii) the New York Convention, to which Argentina is a signatory party (1988). No legislative amendments have been made since their enactment. A.2       Institutions, Rules and Infrastructure Due to the COVID-19 pandemic, several local arbitration institutions…

VENEZUELA Eugenio Hernández-Bretón, María Eugenia Salazar, Gabriel De Jesús, Héctor Martínez and María Alejandra Ruiz. A. LEGISLATION AND RULES A.1       Legislation International arbitration in Venezuela continues to be governed by the Commercial Arbitration Law, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 36.430 on 7 April 1998. No legislative amendment has been made since. In addition, Venezuela is a contracting State to a number of arbitration treaties such as the 1911…