Monthly Archives: November 2021

Author: Tarang Agarwal* Jurisdictions: India Topics: Arbitration Legislation UNCITRAL Model Law Arbitral Process Post-Award Remedies In a judgment passed in the case of Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff[1] on November 10, 2021, a Division Bench of the Supreme Court of India comprised of Hon’ble Mr. Justice Sanjay Kishan […]

Ratnam Sudesh Iyer v. Jackie Kakubhai Shroff: The Supreme Court ...

November 30, 2021 in Blog by ARIA

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

November 29, 2021 in Blog by ARIA

Author: Olivia Lu* Jurisdictions: International Topics: ICSID Expropriation Minimum Standard of Treatment Damages in Arbitration On September 9, 2021, an ICSID tribunal released its ruling in the arbitration proceeding between Eco Oro Minerals Corp. (Eco Oro) and the Republic of Colombia (Colombia). The tribunal held that Colombia’s prohibition of […]

Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...

November 24, 2021 in Blog by ARIA

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 ...

November 21, 2021 in Blog by ARIA

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

November 17, 2021 in Blog by ARIA

Author: Sophie Low* Jurisdictions: International Topics: COVID-19 ISDS Expropriation FET Most Favored Nation I. Introduction & General Overview In light of the Covid-19 pandemic, governments worldwide have adopted various measures to mitigate the impact on the health of its citizenry while balancing economic interests. However, these new policies have […]

Covid-19 and Investor-State Arbitration: Where to Draw the Line on ...

November 12, 2021 in Blog by ARIA

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

November 8, 2021 in Blog by ARIA

Author: Nathan Gayer de Mena** Jurisdictions: International United States Topics: Competence-Competence Delegation Arbitrability Agreement to Arbitrate Contents of Arbitration Agreement Jurisdiction and Powers of the Courts in Matters of Arbitration Generally Arbitration Clauses Contractual or Consensual Basis of Arbitration The recent Second Circuit decision in Beijing Shougang Mining Inv. Co. […]

“Unclear and Mistakable”? Some Comments on Delegation Following Beijing Shougang ...

November 3, 2021 in Blog by ARIA