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International Trade Enforcement Roundup – December 2023 Update

GovCon & Trade

First, the Treasury Department’s Office of Foreign Assets Control (OFAC) settled investigations into apparent sanctions violations by a New York-based insurance company and California-based virtual currency exchange. Petrobras), a Brazilian state-owned oil company, in violation of the Foreign Corrupt Practices Act (FCPA).

Insurance 147
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KluwerArbitration ITA Arbitration Report, Volume No. XXII, Issue No. 3 (March 2023)

Kluwer Arbitration

District Court for the District of Columbia (the ‘Court’) pursuant to Section 207 of the Federal Arbitration Act (‘FAA’) seeking to confirm the award against GCPI and also impose liability on two additional parties, the Iraqi Ministry of Transport and the Republic of Iraq. Société Indagro v. Société Pabalk Ticaret Limited Sirketi v.

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2023 Year in Review: Latin America and Investment Arbitration

Kluwer Arbitration

Corruption allegations in arbitration proceedings relating to Peru remain very common. Peru , where the tribunal dismissed Peru’s ratrionae materiae objection based on corruption allegations. The disputes span across different industries such as electric power, construction, and transportation.

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CBAr 23rd International Arbitration Conference: Contractual Incompleteness and the Limits of Consent

Kluwer Arbitration

Francisco Paulo De Crescenzo Marino discussed the effectiveness of arbitration clauses against third parties in infrastructure disputes, focusing on subcontractors, insurers, and financiers which he identified as the main characters on the disputes of this nature.

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New Frontiers of Energy Disputes in the Era of Low Carbon Transition and Geopolitical Turbulence: The Focus of the 12th ITA-IEL-ICC Joint Conference on International Energy Arbitration

Kluwer Arbitration

panel explained, investors’ options to pursue claims under investment treaties are becoming ever more limited and other options must therefore be considered where there is regulatory risk (such as contractual mechanisms and political risk insurance).

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KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 12 (December 2023)

Kluwer Arbitration

Alstom Transport et Société Alstom Network UK Ltd v. In this case, an insurance contract included a dispute resolution clause which referred disputes concerning the ‘determination of the amount of damages or compensation’ to ‘the decision of the Non-Life Insurance Arbitration Committee.’ Société Kraydon Ltd v. The S.D.N.Y.

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Limits on Enforcing Awards Against Third-Party Alter Egos in Canada: The Court of Appeal of Quebec Weighs In

Kluwer Arbitration

The assets of these two entities were in the hands of the International Air Transport Authority (“ IATA ”), against whom the Superior Court ordered writs of garnishment. The Court granted orders against two third parties: 1) the Airport Authority of India (“ AAI ”), another state-owned entity; and 2) Air India. III of the NYC. II and V(1)(a).