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In North America

USA: Under Art. V NYC, a panel of appointed arbitrators’ familiarity with one another due to previous work-related encounters does not alone constitute enough bias to vacate an arbitration award

by and 6 Mins Read

Grupo Unidos por el Canal, S.A. v. Autoridad del Canal de Panama, 78 F.4th 1252 (11th Cir. 2023)[1] Factual Background Grupo Unidos por el Canal (“Grupo Unidos”) is a consortium of European companies that was awarded a multi-billion dollar construction contract by Autoridad del Canal de Panama (“Autoridad del Canal”) to expand the Panama Canal. When Grupo Unidos completed the expansion twenty months past the deadline, liability disputes followed. Pursuant to the contract’s arbitration clause, any…

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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – Canada

by , , and 21 Mins Read

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law, occasionally with slight variations, as the foundational law for international arbitration. Canada’s federal parliament has also adopted a commercial arbitration code based on the UNCITRAL Model Law, which is applicable when the federal government or one of its agencies is a party to…

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In USA

District court holds that Russian language choice of forum provision prevails over English translation in contract executed with side-by-side provisions where term employed was a term of art in Russia and did not compel the parties to arbitrate their disputes

by and 4 Mins Read

LaRubInt Corp. v. Joint Stock Company Studio Soyuzmultfilm, No. 22-cv-4461 (HG) (E.D.N.Y. Apr. 20, 2023)[1] In August and September 2016, LaRubInt Corp., a U.S. media marketing company, entered into three licensing agreements with Joint Stock Company Studio Soyuzmultfilm (“Studio Soyuzmultfilm”), a Russian film studio. These licensing agreements provided LaRubInt with the exclusive right, in the territories of East and Southeast Asia, India, the Unites States, and Canada, to use and market images, goods, and services related…

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In USA

District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision

by 4 Mins Read

Blasket Renewable Investments v. Kingdom of Spain, No. 1:21-cv-3249-RJL (D.D.C. Mar. 29, 2023).[1] Factual Background In 2007, two Dutch companies, AES Solar Energy Coöperatief U.A. and Ampere Equity Fund B.V. (collectively, the “Companies”), invested in renewable energy projects in order to take advantage of favorable tax incentives offered by the Kingdom of Spain (“Spain”). However, in the wake of the 2008 financial crisis, Spain implemented reforms in its energy sector that had the effect of…

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