Monthly Archives: August 2020

Author: José María de la Jara* Jurisdiction: International Topics: Online Arbitration Cross-Examination Hearing In 1906, John Phillip Sousa traveled to the United States Capitol to talk about a new technology. This is what he had to say: “When I was a boy, in front of every house in the summer […]

Humans v. the Infernal Machine: Cross Examination in Virtual ...

August 25, 2020 in Blog by Claire Sheridan

Authors: Syamantak Sen* and Aadya Bansal** Jurisdiction: India Topics: Jurisdiction and Powers of the Courts in Matters of Arbitration Generally National Legislation Bankruptcy of a Party Court Decisions New York Convention In Agrocorp Int’l Private (PTE) Ltd. v. Nat’l Steel and Agro Indus.[1], an insolvency petition was filed by the […]

Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?

August 21, 2020 in Blog by Claire Sheridan

Authors: Niyati Ahuja* and Naimeh Masumy** Jurisdiction: Europe Topics: Authority of the Arbitral Tribunal Mandatory Rules International Character of Dispute In May 2018, the European Union amended its blocking regulations to counteract the extraterritorial reach of the recently re-imposed sanctions by the United States.[1] The blocking regulations were instituted to […]

The Role of Blocking Regulations in International Arbitration: A Ground ...

August 18, 2020 in Blog by Claire Sheridan

Author: Parth Tyagi* Jurisdiction: International Topics: Experts Powers of Arbitrators Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals I. INTRODUCTION Party-appointed experts play an essential part in the arbitral proceedings, by providing their valuable expertise to the tribunal about topics beyond the tribunal’s specialization. However, in practical terms, their […]

Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...

August 14, 2020 in Blog by Claire Sheridan

Author: Martin Kwan* Jurisdiction: Canada United States Topics: Contents of the Arbitration Agreement Enforceability of Arbitration Agreements Existence and Validity of Agreement to Arbitrate Jurisdiction and Powers of the Courts in Matters of Arbitration Generally In a recent case, Uber Technologies Inc. v. Heller, the Supreme Court of Canada debated […]

Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...

August 11, 2020 in Blog by Claire Sheridan

Author: Satyajit Bose* Jurisdiction: International Topics: ICSID Investment Disputes Enforcement of Arbitral Awards Arbitral Awards In response to the outbreak of the Novel Coronavirus (“Covid-19”), States across the world have enacted a series of extra-ordinary measures. These range from social distancing guidelines and economic shutdowns to more controversial measures, such […]

Police Powers as a Defence to COVID-19 Liability: Does it ...

August 6, 2020 in Blog by Claire Sheridan