Yearly Archives: 2020

Author: Mohamed Sweify* Jurisdiction: International Topics: Third-Party Funding I. ABSTRACT In response to the development of international markets, business transactions, in general, have become transnational,[1] and so have become the disputes arising therefrom.[2] Traditionally, any dispute involves two opposing parties with their respective representatives before an adjudicatory body. Each party is […]

Negotiating Funding Arrangements: Trick or Treat

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 ...