Yearly Archives: 2022

Authors: Henrique Carneiro* Jurisdiction: International     Topics: Umbrella Clauses Investment Arbitration   Introduction For decades, arbitral tribunals and legal commentators have debated about the proper way to interpret the word “obligation” or “commitment” in international investment treaty umbrella clauses. The plain text of such clauses seems, at first glance, […]

Empirics-Based Umbrella Clause Interpretation

Authors: Harshvardhan Tripathi* Jurisdiction: International     Topics: Judicial Expropriation Investment Arbitration     Introduction While expropriation claims arising out of governmental abuse of legislative and executive powers are commonly known, expropriation claims arising from judicial abuse i.e. ‘judicial’ expropriation continues to be an obscure area of international investment law. […]

Judicial Expropriation in Investment Arbitration: Opening a Can of Worms?

Authors: Marilyn Onukwugha & Vanessa Winkler* Jurisdiction: Brazil Nigeria     Topics: Arbitration Rules Arbitral Procedure Recognition and Enforcement of Arbitral Awards Investment Arbitration     INTRODUCTION Brazil-Nigeria relations are marked by centuries of commercial and cultural exchanges. For generations, the two countries have maintained an amicable relationship while promoting […]

The Brazil-Nigeria Samba: From Partners in Business to Parties in ...

Authors: Velislava Hristova & Boris Praštalo* Jurisdiction: England   Topics: Non-Signatories Applicable Law Arbitration Agreement     In Lifestyle Equities CV and another v. Hornby Street (MCR) Ltd and others [2022] EWCA (Civ) 51, the England and Wales Court of Appeal (“Court”) dealt with the question of which law applies […]

Which Law Applies When Determining Whether a Non-Signatory is Bound ...

Author: Kavya Jha* Jurisdiction: International   Topics: Confidentiality Due Process Paranoia Technology     Introduction Online Dispute Resolution (ODR), which integrates information communication technology with dispute resolution mechanisms, has gained immense popularity, especially during the COVID-19 pandemic. According to the Queen Mary University 2021 International Arbitration Survey, 79% of the […]

Technology and Arbitration: The Age of Confidentiality Concerns and Due ...

Author: Sima Ghaffari* Jurisdiction: Iran   Topics: Reasons Requirement Enforcement of Arbitral Awards International Institutions and Rules     Drafting an enforceable and well-reasoned arbitral award is an art. The reasons requirement has rarely been analyzed in the arbitral realm and the elements of reasoning in court decisions should not […]

Reasoned Arbitral Awards: An Iranian Perspective

Author: Amanda J. Lee* Jurisdiction: International   Topics: Arbitrators and Arbitral Tribunals   “The Knight looked surprised at the question. ‘What does it matter where my body happens to be?” he said. “My mind goes on working all the same.””[1] During the pandemic the arbitration community responsibly sheltered in place while […]

Through the Looking-Glass: Wellbeing in Arbitration — Part 2

Author: Amanda J. Lee* Jurisdiction: International   Topics: Arbitrators and Arbitral Tribunals     “Well, in our country,” said Alice, still panting a little, “you’d generally get to somewhere else — if you ran very fast for a long time, as we’ve been doing.”  “A slow sort of country!” said the […]

Through the Looking-Glass: Wellbeing in Arbitration — Part 1

Author: Sampurna Mukherjee* Jurisdiction: India International   Topics: Arbitration Clauses Arbitrators and Arbitral Tribunals Jurisdiction of Tribunals     I. INTRODUCTION There can be no doubt that today, the preference, adoption and practice of arbitration as an alternative to traditional litigation, has positively flourished in different jurisdictions across the world through […]

Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...

Author: Ahan Gadkari* Jurisdiction: India   Topics: Appointment of Arbitrators Arbitrators and Arbitral Tribunals Domestic Proceedings in Arbitration     Abstract Party autonomy has significant importance in any arbitration proceeding. One of the most important aspects of party autonomy is that the parties can select their own procedure for arbitration. Indian […]

Single-Party Arbitrator Nomination as a Ground of Annulment in India

Authors: Sakshi Srivastava* Jurisdictions: India Topics: Third-Party Funding Domestic Arbitration Law   Third Party Funding In India Third Party funding (hereinafter referred to as TPF) is essentially a new package for an old gift, i.e., Maintenance and Champerty. Champerty has been a conventional practice followed in Indian litigation wherein a […]

Third Party Funding In Arbitration In India