Insight

Regional Reviews

The Arbitration Review of the Americas 2022

The Arbitration Review of the Americas 2022 covers Argentina, Bolivia, Canada, Ecuador, Mexico, Panama, Peru and the United States; and has eleven overviews, including two on arbitrability (one focused on Brazil in the context of allegations of corruption, the other on the relationship with competence-competence across the region). There’s also a lucid guide to the interpretation of “concurrent delay” around the region, using five scenarios.

Other nuggets include:

• helpful statistics from Brazil’s CAM-CCBC, showing just how often public entities form one side of an arbitration;
• an exegesis on the questions that US courts must still grapple with when it comes to enforcing intra-EU investor-state awards;
• a similarly helpful summary of recent Canadian court decisions;
• another on Mexican court decisions that showed a rather mixed year; and
• the discovery that the AmCham in Peru as of July 2021 now engages in ICC-style scrutiny of awards.

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The Asia-Pacific Arbitration Review 2022

The Asia-Pacific Arbitration Review 2022 contains insight and thought leadership inspired by recent events, from 35 pre-eminent practitioners. This edition covers Australia, Hong Kong, India, Malaysia, Singapore, Sri Lanka and Vietnam and has overviews on construction and infrastructure disputes in the region (including the effect of covid-19), the state of ISDS and what to expect there, and trends in commercial arbitration, as well as contributions by four of the more dynamic local arbitral providers.

Within this review, you will learn:

• force majeure is not necessarily the only option for project participants affected by covid-19, especially if the FIDIC suite is in the picture; • Korea’s diaspora is known as its Hansang and more ‘international’ arbitrators are now accepting KCAB appointments (the number of KCAB ‘first-timers’ is up by 23 per cent); • it has become far easier for foreign counsel and arbitrators to conduct cases in Thailand; • there have been some strongly pro-arbitration decisions from the Philippines and Vietnam of late; • Sri Lanka’s courts also seem to have turned a corner on avoiding excessive interference; and • improvements in the arbitral environment in Vietnam are part of a concerted effort that began in 2015.

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The Middle Eastern and African Arbitration Review 2021

The Middle Eastern and African Arbitration Review provides insight from the pen of pre-eminent practitioners who work regularly in the region. This edition covers Angola, Egypt, Lebanon, Mozambique, Nigeria, Qatar, Saudi Arabia, Turkey and the UAE, and has overviews on energy arbitration, investment arbitration, mining arbitration, damages (from two perspectives) and virtual hearings. Among the nuggets you will encounter as you read: a helpful chart setting out the largest awards affecting Africa and the Middle East, recently; the admonition to expect a wave of restructurings of energy projects locally, and even formal insolvency proceedings; a data-led breakdown of investor-state disputes in Africa starting from 2013; the revelation that a number of Africa-related mining disputes-opted to pause proceedings rather than attempt virtual hearings when the pandemic struck; a brisk summary of the extra considerations that covid-19 has introduced into damages calculation; an in-depth analysis of Angola’s BITs and the modernisation of BITs in the region more generally; and a clear-eyed commentary on recent Nigerian court decisions, some of which are ‘not entirely satisfactory’.

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The European Arbitration Review 2021

The European Arbitration Review, across 15 chapters, and 97 pages, is part invaluable retrospective and part primer on the characteristics of different seats, with a little crystal-ball gazing thrown in for good measure. All contributors are vetted for their standing and knowledge before being invited to take part.

Together, they capture and interpret the most substantial recent international arbitration events of the year just gone, with footnotes and statistics. This edition covers Austria, Finland, France, Italy, the Netherlands, Norway, Portugal, Russia, Spain, Sweden and Ukraine, and has overviews on econometrics; the direction of travel for construction disputes in Europe; and on the use (and non-use) of multiples for valuating things in investment treaty disputes, among other topics.

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