Publications

This article discusses the latest developments in the Caribbean courts relating to the issue of arbitration clauses vis-à-vis insolvency proceedings. The authors examine Kenworth Industrial v Xin Gang Power Investments [2022] ECSC J1111-2, the first reported decision in the British Virgin Islands dealing with the issue of the court's jurisdiction…

in Estudos em Homenagem à Professora Doutora Maria Helena Brito, Gestlegal, 2023

This article focuses both on specific contractual clauses necessary to apprehend particular features of certain sources of renewable energies and, more generally, on emerging contractual techniques used in the renewables sector.

in Convenção de Viena sobre Compra e Venda Internacional de Mercadorias - Anotação PLMJ [Vienna Convention on the International Sales of Goods – Annotation PLMJ]

The digest of international mutual legal assistance focuses on interactions between legal orders, namely on parallel proceedings between international arbitration and national criminal proceedings.

The interaction between immunities and jurisdiction is complex. One lacuna is whether the international legal principle of state immunity is a rule or principle in its own right or an exception to a pre-existing jurisdiction. In the context of international arbitration disputes, this distinction is significant. States have been relying…

Turkey has been a Contracting State to the New York Convention 1958. Numerous Turkish

Supreme Court’s decisions on the recognition and enforcement of foreign arbitral awards depict

the arbitration climate in Turkey as well as the distinct features of the enforcement proceedings

before the local courts. As the Convention does…

The articles is the first part (out of four) of a study of the concept and scope of public policy in arbitrations in which the Argentine Federal State is a part, with particular focus with regard to arbitrability and the public policy exception under the NY Convention and similar treaties…

This yearly digest provides analysis of court judgments relevant to interactions of legal orders, namely dialogue between state judges and arbitrators.

in Arbitraje y Nuevas Tecnologias, Themis, 377-396

in Arbitraje y Nuevas Tecnologias, Themis, 377-396

Extract

Bilateral investment treaties (BITs) containing traditional clauses such as Most Favorite Nation (MFN), National Treatment (NT), and Free and Equitable Treatment (FET) have been used as old tools to protect Foreign Direct Investments (FDI) throughout the African continent. African states have formed different economic blocks in order to facilitate…

Love them or hate them, dispositive motions in arbitration can be a useful tool when used appropriately. One arbitrator's perspective and their considerations for the future.

The purpose of the paper is to address some of the main investment arbitrations cases dealing with investments in the Spanish renewable energy sector and analyze differences and similarities in connection with potential investment arbitration claims that, hypothetically, could be initiated if the Argentine regulatory framework is amended in a…

 in PLMJ Arbitration Review, N. 4, 111-128, 2020