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Is expert determination a “third way” for construction disputes?

In a keynote at GAR Live today, Freshfields partner Sally Roe addressed the potential for regional arbitration centres to hear more construction disputes and the lack of diversity in the arbitrator pool for the biggest cases – and proposed expert determination as a potential “third way” to resolve disputes.

23 September 2021

Drymer resigns after Venezuela challenge

Canadian arbitrator Stephen Drymer has resigned from an ICSID tribunal hearing a US insurer’s claim against Venezuela after the state successfully challenged his appointment in a parallel UNCITRAL case.

23 September 2021

Dos Santos company enters bankruptcy after Dutch award

A Dutch energy company owned by embattled Angolan billionaire Isabel dos Santos has been placed into bankruptcy by a court in the Netherlands, in the wake of an arbitral tribunal’s finding that it acquired assets worth €650 million through “grand corruption”.

23 September 2021

Young ITA announces new leaders

The Institute for Transnational Arbitration (ITA) has announced 26 appointments to its under-40 group’s leadership team, including new representatives for Asia, Oceania and Europe.

23 September 2021

Turkey defeats claim over takeover of media distributor

An ICSID tribunal has thrown out a €126 million claim against Turkey over the alleged expropriation of a real estate and media distribution group linked to exiled Islamic cleric Fetullah Gülen.

22 September 2021

Mexico liable for denial of justice

A NAFTA tribunal has ordered Mexico to pay US$47 million to a Canadian real estate investor over the failure of the country’s courts to address evidence that it was the victim of a fraud.

22 September 2021

Ask Jackie: LCIA chief takes questions in Paris

At a Q&A for Paris Arbitration Week, LCIA director general Jacomijn van Haersolte-van Hof discussed what makes the perfect arbitrator, why institutional appointments are a good thing, and the use of “closet” tribunal secretaries.

22 September 2021

Spain marks 50th renewables claim as new reforms roil investors

Spain has been hit with its 50th treaty claim from renewable energy investors and a fresh US enforcement action, as surprise reforms to the sector announced last week raise the prospect of yet more claims.

21 September 2021

Albanian farming claim moves to merits phase

An UNCITRAL tribunal has said it can hear an Italian company’s BIT claim against Albania over an ill-fated agricultural joint venture, while excluding claims over the revocation of a land concession that occurred before the treaty entered into force.

21 September 2021

Morocco and Algeria face treaty disputes

A French telecoms company has lodged an ICSID claim against Morocco, while neighbouring Algeria has been threatened with a claim by a Spanish investor in a fertiliser venture.

21 September 2021

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