What connects General José Fernández de Santillán, emeralds and Colombia arbitration proceedings? More than one would think. If Mr. Fernandez de Santillán had defeated the British squadron on 8 June 1708, the myth of a galleon carrying vast amounts of treasure would never have been born. One of the most interesting recent international arbitrations would […]
BG GROUP PLC. V. REPUBLIC OF ARGENTINA – CASE NO. U.S. 12-138 (2014) – U.S. SUPREME COURT
In this dispute, the Claimant was part of a consortium owning majority shares in MetroGas, for the distribution of natural gas in Buenos Aires. Before the 2001 financial crisis, Argentinean law provided that gas tariffs were calculated in US dollars for profitable returns. However, the crisis led to emergency measures, one of which implemented a […]
The Enforceability of Kurdistan Petrol Sharing Agreements
The governing law of the standard Kurdistan Petrol Sharing Agreements (“PSA’s”) is English Law, and they call for any dispute arising out of the PSA to be resolved through the London Court of International Arbitration (“LCIA”) in accordance with the LCIA Rules. Yet, given that Iraq is not yet a full signatory to the Convention […]
States That Are Not Parties To The New York Convention
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly called the New York Convention, entered into force on 7 June 1959 and is the bedrock of modern international arbitration. This important international convention requires courts of the 159 contracting States (with Sudan becoming the latest member in 2018) to give effect to […]