Monthly Archives: November 2020

Author: Harshal Morwale* Jurisdiction: International Topics: ICC International Institutions and Rules Dispute Resolution and Litigation The ICC has recently published its new Rules, which are set to enter into force on 1 January 2021. The new Rules have various interesting amendments which purport to make the arbitral process more efficient.[1] […]

Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...

November 20, 2020 in Blog by clairesheridan

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 ...

November 16, 2020 in Blog by clairesheridan

Author: Shalaka Patil* Jurisdiction: India Topics: Arbitrability The Supreme Court in its recent decision in Avitel Post Studioz Ltd. And Ors. v. HSBC Pl Holdings Mauritius Ltd.[1] put to rest some questions surrounding the controversy of whether fraud is arbitrable in India. The short answer to this question is – […]

Why So Serious? – The Avitel Case – India, Serious ...

November 12, 2020 in Blog by clairesheridan

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

November 9, 2020 in Blog by clairesheridan

Author: Rayan Bhattacharya* Jurisdiction: United Kingdom Topics: Applicable Law Law Applicable to the Merits INTRODUCTION The absence of an express choice of governing law in international arbitration agreements is not an unusual occurrence. However, the appropriate approach to be adopted to determine the implied choice of governing law has provoked […]

The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...

November 3, 2020 in Blog by clairesheridan