Yearly Archives: 2021

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 ...

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 ...

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

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

Restoring Legitimacy To The Investor-State Dispute Settlement System: Total Replacement Or Incremental Improvement?
Author: Bo Hyun Kim* Jurisdiction: International Topics: Investment Disputes Arbitral Tribunal Arbitral Appeals International Institutions and Rules UNCITRAL WTO I. INTRODUCTION With no permanent body of law to determine the substantive rules of investment law, there have been long-standing demands for reform of the investor-state dispute settlement (ISDS) regime. Such […]

Restoring Legitimacy to the Investor-State Dispute Settlement System: Total Replacement ...

Aditya Singh: The Power of an Arbitral Tribunal to Grant Anti-Suit Injunctions Against Third-Party Interests
Author: Aditya Kumar Singh* Jurisdiction: International India Topics: Anti-Suit Injunctions Arbitral Process Third Parties Interim Measures of Protection Introduction Though the earlier version of the UNCITRAL Model Law provided for the arbitral tribunal’s power to grant interim measures, it did not elaborate upon the scope and manner for the exercise […]

The Power of an Arbitral Tribunal to Grant Anti-Suit Injunctions ...

Author: Aditya Gogna** Jurisdiction: International United States Topics: Arbitrability Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This post summarizes Dr. Julie Bédard’s discussion with Dr. Kabir Duggal and Amanda Lee on Delos Dispute Resolution’s TagTime series regarding arbitrability in international arbitration.[1] The discussion focused on the […]

TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...