Monthly Archives: October 2020

Author: Lorenzo Martinez* Jurisdiction: International Topics: Investment Disputes Defenses In investor-state disputes arising out of measures taken by states to address the COVID-19 pandemic, the parties will have to reckon with scientific uncertainty about the virus, such as how it spreads, its symptoms, and its lethality. This is because such […]

The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...

October 27, 2020 in Blog by clairesheridan

Authors: Naimeh Masumy* and Gaurav Rai** Jurisdiction: International Topics: Contents of the Arbitration Agreement Online Arbitration The COVID-19 pandemic continues to pose challenges to the arbitral process in an unprecedented manner. It has propelled the arbitration regime across the board in which virtual hearings have predominately replaced face-to-face hearings. As […]

Key Considerations in Drafting Dispute Resolution Clause in the COVID ...

October 23, 2020 in Blog by clairesheridan

Author: Esther Loh* Jurisdictions: New York United States Topics: Procedure and Grounds for Setting Aside Jurisdiction and Powers of the Courts in Matters of Arbitration Generally In September 2019, the Second Circuit in Weiss v. Sallie Mae[1] reversed the trial court’s decision to vacate an award, on the basis that […]

Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...

October 20, 2020 in Blog by clairesheridan

Author: Claire Hellweg* Jurisdiction: International Topics: Defences Prior to the current COVID-19 pandemic, recent trends have indicated that international tribunals are reluctant to accept claims of force majeure as a valid excuse for not performing contractual agreements, as evidenced by the small number of accepted claims.[1] In 2003, the International […]

COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...

October 15, 2020 in Blog by clairesheridan

Author: Rajarshi Singh* Jurisdiction: International Topics: Right to Decide on Jurisdiction Jurisdiction and Powers of the Courts in Matters of Arbitration Generally I. INTRODUCTION The principle of compétence-compétence, often termed as the foundational principle of international arbitration, ideates that the arbitral tribunal is vested with the power to rule on the […]

Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...

October 12, 2020 in Blog by clairesheridan

Authors: Yash More* and Ved Thakur** Jurisdiction: India Topics: Arbitral Process Interim Measures of Protection Arbitrability Choice of Forum/Place of Proceedings On 12th August 2020, the Calcutta High Court in Balasore Alloys Limited v. Medima LLC[1] (“Balasore Alloys“) ruled that Indian Courts have the power to grant anti-arbitration injunctions against foreign-seated arbitrations. […]

Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?

October 8, 2020 in Blog by clairesheridan

Author: Woohyung (Mark) Choe* Jurisdiction: South Korea Topics: International Institutions and Rules South Korea has one of the biggest economies in Asia. Its economy is the 12th largest in the world with active foreign capital transfers and trades.[1] As a small country—smaller than the state of Florida—with limited natural resources, […]

KCAB: The Rise of a New Arbitration Hub in East ...

October 5, 2020 in Blog by clairesheridan