Monthly Archives: November 2021

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

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 ...