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America January 1, 2024 2 mins read

5 International Arbitration Cases to Ignite 2024

America ı By Rihem Akkouche

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5 International Arbitration Cases 2024

The D.C. Circuit faces a high-stakes conundrum, deliberating the enforcement of arbitral awards worth hundreds of millions of euros against Spain. The central question looms: Can the U.S. judiciary enforce these awards despite Europe's highest court deeming the underlying arbitration clause, nestled in the Energy Charter Treaty, invalid?

The awards, sought by Dutch subsidiaries of NextEra Energy, 9REN Holding, and Blasket Renewable Investments, tally a staggering €359.3 million. As the D.C. Circuit contemplates, the outcome may signal not just the fate of these awards but set a precedent for a slew of pending and prospective European Union investor claims against EU member states.

Intriguingly, the decision might elevate to the U.S. Supreme Court, unleashing a legal tempest that challenges the exportability of Achmea, the cornerstone opinion declaring intra-EU treaty arbitration clauses null and void.

5 International Arbitration Cases 2024: Delaware Gears Up for Historic Auction

Delaware's federal court braces for a historic auction, poised to liquidate shares in the Citgo parent company to satisfy Venezuela's massive debt. Stemming from a 2018 attachment order, this saga, involving PDV Holding and Crystallex International Corp., has endured challenges, sanctions, and a journey to the U.S. Supreme Court.

As Venezuela seeks the Supreme Court's intervention on PDVSA's liability, the auction becomes a battleground for creditors eyeing the prized asset. The Supreme Court's potential involvement adds a layer of unpredictability, offering a riveting twist to this colossal financial showdown.

Supreme Scrutiny: U.S. High Court Grapples with Arbitral Bias

The U.S. Supreme Court confronts the labyrinth of arbitrator bias, as Grupo Unidos por el Canal challenges a refusal to vacate $285 million arbitral awards in a Panama Canal expansion dispute. The company alleges "evident partiality" due to undisclosed relationships, thrusting the court into the nuanced realm of vacatur standards.

With Grupo Unidos facing an uphill battle, the Supreme Court's decision may reshape the landscape of arbitrator bias jurisprudence, keeping the legal community on the edge of their seats.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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