Author: Alexander Ojugbeli Jurisdiction: International Russia Ukraine Topics: BITs Authority of the Arbitral Tribunal In May 2018, the Permanent Court of Arbitration (PCA) issued a monumental decision holding Russia accountable for expropriating assets held by Ukrainian investors in the Crimea.[1] In Everest Estate LLC v. The Russian Federation, the Tribunal […]
Yearly Archives: 2018
Author: Jean Lambert Jurisdiction: United States Canada Mexico Topics: USMCA NAFTA Investment Disputes Last month, the US, Canada, and Mexico announced the terms of the “new NAFTA’, the USMCA; a renegotiated trade deal at the insistence of US President Donald Trump.[1] Under NAFTA, citizens of Canada, Mexico, or the US […]
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
Author: Deeksha Malik* Jurisdiction: India International Topics: Agreement to Arbitrate Existence and Validity of Agreement to Arbitrate In 2009, the Supreme Court of India, in the case of MR Engineers & Contractors Pvt. Ltd. v. Som Datt Builders Pvt. Ltd.,[1] dealt with a situation where the arbitration clause contained in […]
A Cautious Acceptance of Incorporation of Arbitration Clause by General ...
Author: Eyvana Maria Bengochea Jurisdiction: Europe Topics: BITs Investment Disputes On March 6, 2018, the Court of Justice of the European Union (“CJEU”) issued the first precedent in regards to arbitration clauses within intra-EU Bilateral Investment Treaties (“BITs”) and EU law.[1] In the highly anticipated judgment of Slovak Republic v. […]
The Invalidity of Intra-EU Bilateral Investment Treaties after Slovakia v. ...
Author: Iryna Malakhouskaya Jurisdiction: International Topics: Other Business-related human rights violations have been posing a challenging question for a long time. Since many national courts do not have procedures for redressing business-related human rights violations as well as international courts have not found a proper way to deal with these […]
International Arbitration as a Potential Forum for Business-Related Human Rights ...
Author: Madison Grant Jurisdiction: United States California Topics: Other In the world of international arbitration, it is clear – California is not among the most frequently or widely used seats of arbitration. This reality is in many ways mind boggling. California has a well-developed, stabile, and reliable legal structure conducive […]
Why is California So Behind in International Arbitration and Is ...
Written by: Amanda Eller On February 6th, 2018, the Columbia Center on Sustainable Development partnered with the International Institute for Environment and Development to host a webinar discussing how civil society groups can address human rights issues, environmental issues, and other community concerns in investor-state arbitrations.[1] This webinar was specifically […]
Webinar: Civil Society Submissions in Investor-State Arbitration: Do They Work?
Authors: Tianshu (Susan) Lu and Yisha He Jurisdiction: China Topics: Other The One Belt One Road Initiative (OBOR) is China’s recent development strategy aiming at increasing the country’s economy integration and financial collaboration with the Eurasia area. The project includes investments in the infrastructural and transportation projects in over sixty countries […]
Recent Developments In China’s Cross-border Dispute Resolution Under the “Belt ...
Written by: Nicole O’Donnell Arbitration has long been used in the Middle East as a key method to dispute resolution. “In the Pre-Islamic Arab Community, self-help tended to be the most relied upon form of dispute resolution.”[1] If self-help mechanisms failed, a “hakam (an arbitrator)” was appointed, and “the parties […]
International Commercial Arbitration in the Middle East
New York, January 25, 2018 – The International Arbitration Club of New York (IACNY) announced today that Grant Hanessian and E. Alexandra Dosman are the recipients of the 2018 Smit-Lowenfeld Prize for the best article in the field of international arbitration. The prize is being awarded for the article, “Songs […]