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Arbitration & ADR

17 September 2020
Philip Roche COVID-19: preliminary arbitration trends in transport sector

International - Norton Rose Fulbright

The COVID-19 pandemic has severely curtailed court access in many jurisdictions. By virtue of its flexibility, arbitration has been offered up as a solution to commercial parties which nevertheless wish to progress the resolution of their dispute. Both institutional and ad hoc arbitrations have been accommodating in terms of virtual hearings and electronic documentation.

Authors: Philip Roche, Vanessa Rochester
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Raúl Herrera Hazas Tribunal dismisses all of investor's claims under NAFTA and orders him to pay more than $2 million in costs

Mexico - Becerril Coca & Becerril SC

In 2016 Joshua Dean Nelson commenced arbitration against Mexico on behalf of Telefacil México, SA de CV and himself under the North American Free Trade Agreement (NAFTA). According to Nelson, the Federal Telecommunications Institute had prevented him from participating in the telecoms market by issuing measures that he alleged violated Chapter 11 of NAFTA. However, the tribunal recently rejected the claims and held that Telefacil owed Mexico $2.05 million in arbitration costs.

Author: Raúl Herrera Hazas
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Recent updates

Frank Spoorenberg Supreme Court will not review findings that parties lacked actual and common intent to arbitrate

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini
Andrew Battisson Doing business (but not business as usual) during COVID-19 pandemic

International - Norton Rose Fulbright

Authors: Andrew Battisson, Daniel Allman, Carmel Proudfoot
Anke C Sessler Q&A: arbitration with an insolvent party

Germany - Skadden Arps Slate Meagher & Flom LLP

Authors: Anke C Sessler, Max Stein
Atul Shanker Mathur Enforcement of foreign arbitral awards and scope of judicial intervention: a minimalist approach

India - Khaitan & Co

Authors: Atul Shanker Mathur, Priya Singh, Vivek Mathur