We are pleased to present the sixth issue of our publication Cuatrecasas Arbitration Highlights, in which we highlight the main developments in international arbitration and their practical implications for our clients.
In the “Our jurisdictions” section, our team explains some of the most relevant court decisions and legal developments for our clients in Ibero-America. In this issue, we highlight key decisions from the Santiago Court of Appeals and the Constitutional Court of Chile; the Council of State and the Supreme Court of Justice of Colombia; the Madrid and Catalonia High Courts in Spain; the High Court of Justice of Mexico City; and the First and Second Civil Chambers with Commercial Subspecialty of the Superior Court of Justice of Lima. We also comment on the recent enactment of Law 2540 of 2025 in Colombia, which enables arbitration for enforcement proceedings.
In the “Relevant cases to our practice” section, we look beyond our own jurisdictions and highlight foreign and international judicial decisions with the greatest impact on our international arbitration practice. In this issue, we discuss a decision of the London Commercial Court concerning the assignment of ICSID awards; a decision of the Cour d’Appel of Paris that annulled an ICC award for declining jurisdiction, despite the absence of a written arbitration agreement; the decision of the Supreme Court of Canada in Devas v. India, which clarifies key aspects of state immunity in the enforcement of awards against sovereign entities; and the decision of the European Court of Human Rights in Semenya v. Switzerland, concerning judicial review of awards in sports arbitrations administered by the Court of Arbitration for Sport (CAS).
Lastly, in the “To be followed closely” section, we conclude with explanatory notes on the entry into force of the new rules of the Corte Española de Arbitraje (CEA), which advances institutional harmonization with the Madrid International Arbitration Center–Ibero-American Arbitration Center (CIAM–CIAR), and the entry into force of the Host State Agreement between the Permanent Court of Arbitration and the Republic of Ecuador.
We hope you enjoy reading it.