Monthly Archives: October 2021

Author: Gabriel Teixeira Alves* Jurisdiction: Brazil International Topics: Arbitrators and Arbitral Tribunals Conflict of Interest ICC Annulment of Awards The recent resignation of one of the arbitrators nominated to adjudicate the multibillion-dollar conflict between J&F Investimentos S.A.[1] (“J&F”) and CA Investment (Brazil) S.A. (“CA Investment”),[2] after J&F sought annulment of […]

Arbitrator Resignation in Brazil Sparked Discussions Over the Scope and ...

October 29, 2021 in Blog by ARIA

Author: Nicole Celorio Acosta* Jurisdiction: International Topics: Diversity in Arbitration Arbitrators and Arbitral Tribunals Arbitral Appointments Several studies indicate that most users of international arbitration do not think that gender diversity in arbitral tribunals is important to the quality of its decision-making or, at best, are unsure about its […]

Women in Arbitration, An Invitation to Keep Reinventing the Future ...

October 27, 2021 in Blog by ARIA

Author: Can Eken* Jurisdiction: International Topics: ICSID Environment Indirect Expropriation FET This post analyzes the recent ICSID case brought by Alamos Gold Inc. against Turkey and considers how prior investment arbitration decisions might influence the outcome by analyzing the trends in investment awards dealing with environmental matters.[1] First, it […]

Should Environmental Concerns be Considered in Investment Arbitration Rulings?

October 25, 2021 in Blog by ARIA

Author: Joe Cho* Jurisdiction: South Korea United States Topics: Non-Parties to Arbitration Agreements Signatories Arbitrability Agreement to Arbitrate Contractual or Consensual Basis of Arbitration I. Introduction Arbitration is a creature of the parties’ meeting of minds in the form of an arbitration agreement. As has been stated in a […]

Non-Signatories to Arbitration Agreements: The Peculiar Case of Korea Presaging ...

October 22, 2021 in Blog / Uncategorized by ARIA

Author: Himanshu Shembekar* Jurisdiction: India Topics: Injunctions Enforcement of Awards INTRODUCTION In February 2021, the Lok Sabha passed the Arbitration and Conciliation (Amendment) Bill, 2021 (herein referred as “the bill”).[1] Previously, an ordinance titled Arbitration and Conciliation (Amendment) Ordinance, 2020 (herein referred as “the ordinance”)[2] was promulgated on November 4, […]

Unconditional Stay of Arbitral Awards in India: A Regressive Step

October 20, 2021 in Blog by ARIA

Author: ARIA The Second Circuit’s recent decision in Beijing Shougang Mining Investment Co., Ltd. v. Mongolia has fundamentally undermined the Supreme Court’s landmark decision in First Options of Chicago, Inc. v. Kaplan, guaranteeing parties’ rights to an independent judicial determination of whether they consented to arbitrate. In First Options,[1] the Supreme […]

Delegation Run Further Amok: A Postscript

October 15, 2021 in Blog by ARIA

Author: Dr. Aline Tanielian Fadel* Jurisdiction: International Topics: Diversity in Arbitration Dispute Resolution Technology “Say not, ‘I have found the truth’, but rather, ‘I have found a truth’.” – Khalil (Kahlil) Gibran, The Prophet As a university lecturer of law, my students frequently ask me: “What is the solution […]

Predictive Analytics and Diversity in International Arbitration: Friends or Foes?

October 8, 2021 in Blog by ARIA