Young ITA Newsletter
Issue 2 – January 2021
Happy New Year from all of us at Young ITA. While we have missed seeing you all in person, it has been a delight to connect with you all virtually at over a dozen #YoungITATalks virtual events this year, held in three languages in time zones throughout the world.
We hope to see you all at in-person events soon. In the meantime, we invite you to stay engaged in Young ITA by attending upcoming events, submitting a paper to our writing competition, or preparing a report or blog post at an upcoming Young ITA conference.
Editors
- Robert Reyes Landicho (Young ITA Chair), Crina Baltag (Young ITA Vice-Chair), Catherine Bratic (Young ITA Communications Chair), Thomas Innes (Young ITA Thought Leadership Chair)
Associate Editors
- Young ITA Regional Chairs: Samuel Pape, Alexander Leventhal, Sylvia Sámano Beristain, Vinicius Periera, Andres Talavera Cano, Cameron Sim, Soledad O’Donnell and Demilade Elemo
Upcoming Young ITA events and opportunities
ITA-IEL-ICC Joint Conference on International Energy Arbitration: Join us for a virtual version of the annual ITA-IEL-ICC energy conference and Young ITA Roundtable on January 20-22, 2021. Young ITA members are eligible for reduced-price registration. For more information and to register, click here.
Young ITA Writing Competition: The Young ITA Writing Competition and Award is a unique opportunity for Young ITA members to contribute actively to the research of international arbitration and to be recognized as qualified voices in this area. Participants should submit papers between 3,500 and 25,000 words on a topic related to the field of international commercial or investment arbitration. Papers must be submitted via email to ita@cailaw.org under subject line “Young ITA Competition” by on or before January 15, 2021.
Become a Young ITA Reporter: If you are interested in preparing reports on future Young ITA events for publication in News & Notes, ITA in Review, or Kluwer Arbitration Blog, please contact Catherine Bratic, catherine.bratic@hoganlovells.com.
Regional News and Updates
North America
By Sarah E Reynolds (Partner, Mayer Brown) and James T Coleman (Associate, Mayer Brown)
United States Supreme Court Rules That New York Convention Does Not Preclude Non-Signatories From Enforcing Arbitration Agreements
The Debate Regarding Section 1782(a) Discovery
United Kingdom
By Samuel Pape (Young ITA Chair for the UK & Associate, Latham & Watkins) and James Mathieson (Trainee Solicitor, Latham & Watkins)
What is the correct approach for determining the law governing an arbitration agreement? In England, this question has been the subject of conflicting decisions and debate among scholars. However, on 9 October 2020, the UK Supreme Court settled the question in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38. The decision held that the English court will first look to the law chosen by the parties – expressly or implicitly – and, in the absence of such choice, to the law to which the contract is most closely connected.
Mexico and Central America
By Sylvia Sámano Beristain (Young ITA Chair for Mexico and Central America & Secretary General at the Arbitration Center of Mexico) and country authors as indicated below
Costa Rica, By Jorge Arturo González C. (Aguilar Castillo Love)
Arbitration in Costa Rica has continued to adapt well to the COVID-19 pandemic, with the leading arbitration institutions (CICA, CCA, CFIA) successfully relying on their technological platforms for casefile management.
Honduras, By José Emilio Ruiz Pineda (Jr. Associate at CENTRAL LAW in Honduras & Vice-President of Honduran Young Arbitrators) and Alberto Andres Hernandez Franks (Legal Researcher, Penn State Law & Associate at Honduran Young Arbitrators)
The Effects of the COVID-19 Pandemic and the Challenge of Virtual Hearings
Due to the COVID-19 pandemic, the government of Honduras imposed specific prohibitions that derived in the suspension of work in the public and private sectors during the time of exception (still active). Consequently, the leading conciliation and arbitration centers (CCA) of the country; CCA–CCIT and CCA–CCIC, are still closed to this date, whilst they restructure their safety protocols to host hearings.
Panama, By Christopher Glasscock (Associate, LOVILL)
Panama has experienced two notable recent developments in the field of arbitration: (i) Local arbitration centers are embracing the use of technology in arbitral proceedings, and (ii) a new legislation for public procurement has clarified that disputes related to public works with the State are arbitrable.
Mexico, By Yvette Seferian (Intern at Arbitration Center of Mexico)
Mexico’s actions to continue its status as an attractive seat for arbitration were not slowed down by the pandemic. In fact, despite the circumstances brought on by the pandemic, there have been significant changes towards a more pro-arbitration perspective.
Brazil, By Vinicius Pereira (Young ITA Chair for Brazil & Partner, Campos Mello Advogados)
In February of this year, the Superior Court of Justice (the highest court in Brazil for non-constitutional matters) held that an arbitral tribunal has no jurisdiction to rule on disputes with the federal government resulting from Operation Car Wash, a far-reaching corruption scandal involving, among others, the semi-public Brazilian oil and gas company, Petrobras.
South America (Spanish-Speaking Jurisdictions)
By Andres Talavera Cano (Young ITA Chair for South America)and country authors as indicated belowArgentina, By Argentina Young Arbitration Practitioners & Argentina Very Young Arbitration Practitioners
Awareness of arbitration in Argentina has developed substantially in recent years and, as a result, the incorporation of arbitration clauses in supply, construction, energy, and merger and acquisition contracts, among others, has become increasingly common.
Bolivia, By Sociedad Boliviana de Arbitraje -40 (SBA -40)
An award rendered in Bolivia has been confirmed by US Courts, in spite of the existence of a pending annulment proceeding before Bolivian courts.
Chile, By Santiago Very Young Arbitration Practitioners - Valentina Álamo, Francisco Sepúlveda and Fernando Zúñiga
Chilean Courts have remained amicable towards recognition and enforcement of foreign arbitral awards through exequatur proceedings before the Supreme Court.
Colombia, By (i) Red Juvenil de Arbitraje de la Cámara de Comercio de Medellín para Antioquia - Andrés Hurtado & Laura Isaza, (ii) Colombian Very Young Arbitration Practioners - Blanca Beltrán & Juan Camilo Fandiño, (iii) Red Juvenil de Arbitraje de la Cámara de Comercio de Cali - Luigi Lenis & Santiago Montero, and (iv) Red Juvenil de Arbitraje de la Cámara de Comercio de Bogotá - Rafael Pisso
Colombia’s Council of State upholds ruling against Odebrecht.
Ecuador, By Ecuadorian Very Young Arbitration Practitioners
In 2019, through judgments 323-13-EP/19 and 31-14-EP/19, the Constitutional Court established that annulment proceedings for domestic arbitration proceedings must be exhausted before filing constitutional actions, whenever the claim relates to the grounds of annulment listed in the arbitration law.
Paraguay, By Jorge Bogarín (Legal Advisor, PNUD Paraguay)
Due to COVID-19, the Paraguayan Arbitration and Mediation Center of the National Chamber of Commerce and Services (CAMP) has increased the use of technology during the course of arbitration proceedings, specifically for conducting online hearings.
Perú, By Arbitration 360°, Lima Very Young Arbitration Practitioners and Peruvian Young Arbitrators
In 2020, the Peruvian Arbitration Law underwent significant changes, as the Emergency Decree N° 020-2020 was passed in January. Its main focus was to further regulate arbitration proceedings where public entities intervene, modifying aspects such as the confidentiality of arbitration proceedings or the prohibition of ad-hoc arbitration proceedings of disputes exceeding approx. USD 12,000.
Uruguay, By Uruguay Very Young Arbitration Practitioners - Mateo Verdías Mezzera
On July 22, 2019, the Uruguayan Supreme Court of Justice (“SCJ”) decided a case related to the extension of an arbitration agreement to a non-signatory.
Venezuela, By Research and Studies Centre for the Dispute Resolution (Centro de Investigación y Estudios para la Resolución de Controversias – CIERC) and Venezuelan Arbitration Association (Asociación Venezolana de Arbitraje – AVA)
In the past months, arbitration proceedings in Venezuela have increased due to significant delays in judicial proceedings caused by the COVID-19 quarantine.
Asia Pacific
By Cameron Sim (Young ITA Chair for Asia & Associate, Debevoise & Plimpton)and country authors as indicated belowPeople’s Republic of China, By Jasmine Feng (Associate, Debevoise & Plimpton)
When it comes to the enforcement of arbitral awards, Mainland Chinese courts have followed what is known as the institution standard, meaning the place of the arbitration institution that administers the arbitration would determine the nationality of the arbitral award
India, By Trishna Menon (Senior Research Fellow, Centre for Trade and Investment Law)
India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020 (“the Ordinance”) on November 4, 2020, to amend the Arbitration and Conciliation Act, 1996 (“the Principal Act”).
Singapore, By Benjamin Teo (Associate, Debevoise & Plimpton)
When it comes to the enforcement of arbitral awards, Mainland Chinese courts have followed what is known as the institution standard, meaning the place of the arbitration institution that administers the arbitration would determine the nationality of the arbitral award
Job Postings
The job postings below are provided by #CareersInArbitration, a resource for finding and posting jobs in the arbitration field. #CareersInArbitration regularly posts openings on their LinkedIn and Twitter pages. If you have a job posting that you would like to share with Young ITA members, please email Young ITA Communications Chair Catherine Bratic (Catherine.bratic@hoganlovells.com) or Young ITA Thought Leadership Chair Thomas Innes (tinnes@steptoe.com).
Meet a Young ITA Member
María Lilian Franco
Aguilar Castillo LoveGuatemala
How did you get involved in arbitration?
Answer: My interest in arbitration can be dated back to my studies in University in 2011, with a call to participate in the Willem C. Vis Moot Court in Vienna.