Blog Posts

Given the increased conversation currently about racial diversity in the workforce, ARIA is happy to announce that two articles by Benjamin G. Davis, previously published in ARIA, will be available to download for free until the end of December. These articles address serious issues in the diversity of the international […]

Articles About Racial Diversity in International Arbitration

Author: Aarohi Chaudhuri* Jurisdiction: International Topics: ICSID Investment Disputes Sources of Arbitration Law International Institutions and Rules Investor State Dispute Settlement (ISDS) has conventionally been a mechanism for investors to bring claims against states, for violating obligations under an international investment agreement (IIA). Importantly, these obligations bind only state signatories, […]

Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...

Author: Utkarsh Khandelwal* Jurisdiction: India China Topics: Investment Disputes BITs Relief and Remedies in General INTRODUCTION Amidst the growing border tensions between India and China, the Indian government on 29 June 2020 took a drastic step in banning fifty-six Chinese apps citing security and data privacy reasons.[1] The ban made India susceptible […]

The Tik-Tok Ban in India: Remedies Under the ISDS Regime

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 ...

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?

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 ...