Authors: Michael Alexander Fernández, Gustavo Favero Vaughn & Fernando Figueiredo Ponzini* Jurisdiction: Brazil Topics: Provisional Measures “[I]f arbitration is to work, national courts must stand at the ready.”[1] National courts—particularly those located at the seat of an arbitration—play an important role in safeguarding arbitration’s legitimacy and efficacy.[2] During the course […]

Provisional Measures in Aid of Arbitration in Brazil

Author: Parv Lodha* Jurisdiction: International Topics: Specific Performance Specific relief as a remedy in international disputes is not a practice often written about or deliberated upon – an observation several experts have made. Ewan McKendrick and Iain Maxwell, in their article “Specific Performance in International Arbitration,” complain about how the […]

Specific Relief in International Arbitration

The American Review of International Arbitration is currently soliciting manuscripts of articles for possible publication. Accepted contributions present novel ideas and solutions relating to international arbitration. We welcome works by scholars, practitioners, and other professionals with knowledge of the international arbitration field. We also invite student authors to submit Notes […]

Call for Submissions

Author: Rana Sajjad Ahmad* Jurisdiction: International Topics: Technology The digitalization of conferences was accelerated amidst the Covid-19 pandemic that spawned the birth or rather rebirth of the webinar. In the absence of in-person conferences, it was widely adopted by the international arbitration community also as a viable alternative to in-person […]

Reimagining Webinars

Authors: Saumya Sinha* Jurisdiction: International     Topics: Confidentiality   I. Introduction Arbitration has witnessed remarkable growth in the recent past and has emerged as parties’ preferred choice of dispute resolution mechanism in commercial disputes. One of the several reasons for its popularity is the private nature of the arbitral […]

Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...

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?