Vanessa Alarcon Duvanel at King & Spalding

Switzerland’s pro arbitration and pro investors approach: An arbitration agreement binds the new State in case of secession

In a world where country borders can be unstable and we increasingly witness aspirations to split or annex territory, foreign direct investment faces a growing risk. In a recent dispute, the Swiss Supreme Court (“SSC”)...more

9/14/2023 / Arbitration , Arbitration Agreements , Enforcement , Foreign Direct Investment , International Chamber of Commerce (ICC) , Investors , Licensing Rules , Swiss Supreme Court , Switzerland

Climate Change, Carbon Emissions, And The Construction Industry

After 25 years of negotiations, 196 parties adopted the “Paris Agreement” at the UN Climate Change Conference in December 2015. Since then, all (but one) signatories have ratified the treaty and committed to work towards the...more

5/16/2023 / Carbon Emissions , Climate Change , Construction Industry , Incentives , Paris Agreement , Popular , United Nations

Enforcing ICSID Arbitral Awards Against States in Switzerland - the Immunity Challenge

Enforcing an arbitration award against a state presents unique challenges. The Swiss Federal Supreme Court recently confirmed that an award creditor seeking to attach assets belonging to a foreign state in Switzerland must...more

5/9/2023 / Arbitration Agreements , Enforcement , German Federal Supreme Court , ICSID , Switzerland

International Arbitration in Switzerland – Flashback To 2022

In 2022, Switzerland continued to be one of the leading venues for international commercial and investment arbitration with an active community and Swiss Arbitration Centre at the forefront of the development of efficient...more

2/17/2023 / Foreign Investment , International Arbitration , Investment , Switzerland

The Constitutional Changes in Chile and their Impact on the Construction Industry

Chile’s reputation for political and economic stability and a transparent business environment was shaken in 2019 when Chileans took to the streets decrying the country’s inequalities and urging governmental reform. This...more

9/15/2022 / Chile , Constitutional Challenges , Construction Industry , Infrastructure , Investment , Investors , Permits

Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights

Potential Remedies for Russia’s Suspension of Foreign Investors’ Intellectual Property Rights: International Investment Arbitration - Foreign investors in Russia may have remedies pursuant to international investment...more

3/25/2022 / Bilateral Investment Treaties , Economic Sanctions , Foreign Investment , Intellectual Property Protection , International Arbitration , Russia , Trademark Infringement , Ukraine , UNCITRAL

The Spanish Constitutional Court Bolsters Arbitration in Spain

In a landmark ruling handed down on 15 February 2021, the Spanish Constitutional Court confirmed that the standard for the review of arbitral awards on public policy grounds should be extremely narrow and the right to a...more

3/4/2021 / Arbitration , Constitutional Courts , International Arbitration , Public Policy , Spain

Switzerland Updates its Arbitration Law

On 1 January 2021, the revision of the Swiss arbitration law came into force (the “Amended PILA”). Voted in June 2020 by the Swiss parliament, the amendment to the law that governs international arbitrations seated in...more

1/7/2021 / Dispute Resolution , International Arbitration , Switzerland , Waivers

The Swiss Responsible Business Initiative Has Been Rejected, but the Government’s Counterproposal Will Likely Enter Into Force:...

In a public vote on 29 November 2020, the Swiss electorate rejected the Responsible Business Initiative (the “RBI”). After an intensive ideological campaign, the RBI received 50.7% of the votes but failed to win support in a...more

12/10/2020 / Anti-Corruption , Child Labor , Conflict Mineral Rules , Due Diligence , Employment Policies , Environmental Policies , Human Rights , Sweden

Vanessa Alarcon Duvanel

King & Spalding

Popular Topics by This Author

Latest Publications