Yearly Archives: 2020

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?

October 8, 2020 in Blog by clairesheridan

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 ...

October 5, 2020 in Blog by clairesheridan

Author: Wendy Shidi Wu* Jurisdiction: Hong Kong Topics: National Legislation Institutional and Administered Arbitration Despite overwhelming international criticism and local objection, Hong Kong’s new national security law came into force on June 30, 2020, which criminalizes separatism, subversion, terrorism, and collusion with foreign or external forces.[1] The articles provide China’s central […]

How Does Hong Kong’s New National Security Law Affect Its ...

September 29, 2020 in Blog by clairesheridan

Author: Abhisar Vidyarthi* Jurisdictions: International India Topics: Hague Rules on Business and Human Rights Arbitration Human Rights Law The overlap between human rights and international arbitration has always been a contentious debate. Recent practice evidences that the concrete lines separating human rights and international arbitration have been blurred.[1] Contrary to […]

Hague Rules on Business and Human Rights Arbitration: What Lies ...

September 28, 2020 in Blog by clairesheridan

Author: Aditya Sengupta* Jurisdiction: International Topics: BITs Standard and Model Arbitration Clauses NAFTA ICSID International and Transnational Law As global bodies mitigate the impact of the novel coronavirus, international financial investors in developing economies face an unprecedented situation led by a heightened risk of expropriations due to geopolitical interruptions. A […]

Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass

September 25, 2020 in Blog by clairesheridan

Author: Barbara Łyszczarz* Jurisdiction: Europe Topics: BITs ECJ Investment Disputes International and Transnational Law On May 5, 2020, a majority of the EU Member States signed the Treaty terminating the intra-EU BITs[1] (the “Treaty”). The Treaty entered into force on August 29, 2020. The EU seeks to give an immediate effect […]

Treaty Terminating the Intra-EU BITs: a Game-Changer or … Not?

September 22, 2020 in Blog by clairesheridan

Authors: Atisha Sisodiya* and Smriti Shandil** Jurisdiction: India China Topics: BITs Intellectual Property Investment Disputes National Legislation I. INTRODUCTION In response to geopolitical tensions between India and China, the Indian Ministry of Electronics and Information Technology released a Press Note[1] on June 29, 2020, banning 59 applications owned or controlled […]

India’s ban on Chinese apps: Could India face the fire ...

September 13, 2020 in Blog by Claire Sheridan

Author: Shambhavi Sinha* Jurisdiction: International Topics: Intellectual Property Investment Disputes BITs INTRODUCTION The outbreak of COVID-19 as a pandemic has disrupted the entire healthcare sector, as well as the economy, of the world. Even the most brilliant minds of the world have not been able to come up with a […]

The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...

September 8, 2020 in Blog by Claire Sheridan

Author: José María de la Jara* Jurisdiction: International Topics: Online Arbitration Cross-Examination Hearing In 1906, John Phillip Sousa traveled to the United States Capitol to talk about a new technology. This is what he had to say: “When I was a boy, in front of every house in the summer […]

Humans v. the Infernal Machine: Cross Examination in Virtual ...

August 25, 2020 in Blog by Claire Sheridan

Authors: Syamantak Sen* and Aadya Bansal** Jurisdiction: India Topics: Jurisdiction and Powers of the Courts in Matters of Arbitration Generally National Legislation Bankruptcy of a Party Court Decisions New York Convention In Agrocorp Int’l Private (PTE) Ltd. v. Nat’l Steel and Agro Indus.[1], an insolvency petition was filed by the […]

Foreign Arbitral Awards Under Indian Insolvency Law: Room for Improvement?

August 21, 2020 in Blog by Claire Sheridan

Authors: Niyati Ahuja* and Naimeh Masumy** Jurisdiction: Europe Topics: Authority of the Arbitral Tribunal Mandatory Rules International Character of Dispute In May 2018, the European Union amended its blocking regulations to counteract the extraterritorial reach of the recently re-imposed sanctions by the United States.[1] The blocking regulations were instituted to […]

The Role of Blocking Regulations in International Arbitration: A Ground ...

August 18, 2020 in Blog by Claire Sheridan

Author: Parth Tyagi* Jurisdiction: International Topics: Experts Powers of Arbitrators Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals I. INTRODUCTION Party-appointed experts play an essential part in the arbitral proceedings, by providing their valuable expertise to the tribunal about topics beyond the tribunal’s specialization. However, in practical terms, their […]

Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...

August 14, 2020 in Blog by Claire Sheridan