Colombia has adopted one of the most ambitious arbitration reforms in recent years. Law 2540/2025 introduces arbitration for enforcement proceedings (arbitraje para procesos ejecutivos), and, in doing so, extends arbitration beyond adjudication into an area traditionally associated with courts. The law’s stated objective is to contribute to the decongestion of the judicial system, but its […]
Colombia Arbitration Proceedings: Fool’s Gold?
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 […]