Yearly Archives: 2021

Author: Camila Maceda Simão* Jurisdictions: Brazil Topics: Securities Arbitration Arbitrability Contractual or Consensual Basis of Arbitration Recent corruption scandals and improper corporate practices involving Brazilian publicly-held companies[1] have caused a rise in securities arbitrations brought by minority shareholders against the companies and/or the controlling shareholders.[2] While said arbitrations are still […]

Overview of Securities Arbitration in Brazil: Challenges and Developments

Author: Ashish Virmani[1] Jurisdictions: United States International Topics: Evidence Arbitration Agreement Domestic Proceedings in Arbitration Interim Measures of Protection   Executive Summary Much of the debate before the courts in the United States pertaining to discovery and assistance under 28 U.S.C. § 1782 has been about whether “a foreign or […]

Using 28 U.S.C. § 1782 to Assist a Private International ...

Authors: Camila M. Simão* and Elora N. G. Farias**   The first temperature drops in November heralded the start of the long-awaited 2021 New York Arbitration Week, promoted by the New York International Arbitration Center (NYIAC) and the New York Branch of the Chartered Institute of Arbitrators (CIArbNY). From November […]

2021 New York Arbitration Week

Author: Yongming Wu* Jurisdictions: China Topics: Arbitration Legislation On July 30, 2021, the People’s Republic of China’s (“China”) Ministry of Justice published the proposed revisions to China’s Arbitration Law (“the Law”)[1] on its website for public feedback, along with the explanatory notes for such revisions[2]. The proposed revisions make substantial […]

Chinese Ministry of Justice Proposes Amendments to its Arbitration Law

Author: Samarth Khanna* Jurisdictions: India Topics: ICSID New York Convention Arbitrability Enforcement of Awards Domestic Proceedings in Investment Arbitration   Abstract Usually, investment arbitration awards are passed, recognized and enforced under the aegis of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (‘ICSID […]

Is the New York Convention Applicable for the Enforcement of ...

Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or continuing arbitral proceedings,  the so-called anti-arbitration injunctions. In India, arbitrations are governed by the Arbitration and Conciliation Act, 1996 (“Act”), […]

The Muddy Waters of Anti-Arbitration Injunctions in India

Author: Gustavo F. Vaughn* Jurisdictions: Brazil Topics: Competence-Competence Delegation Arbitrability Commercial arbitration is a matter of consent. Parties must agree in writing that disputes arisen within a particular contract should be subject to resolution by arbitrators. Thus, arbitral jurisdiction derives from an agreement between the parties. In this sense, it […]

The Competence-Competence Doctrine Under Brazilian Law