Yearly Archives: 2023

Authors: Srividhya Ragavan* and Niraj Kumar Seth** Jurisdiction: India Topics: ADR Enforcement of Arbitral Awards Interest and Costs Jurisdiction and Powers of the Courts in Matters of Arbitration Generally   The Government of India has constituted an Expert Committee under the Chairmanship of Dr. T. K. Vishwanathan (hereinafter, Committee), former […]

The DMRC Case: An Ongoing Walk to Execute Arbitration Award

Author: Galo Márquez * Jurisdictions: International Topics: Human Rights Arbitrability International and Transnational Law INTRODUCTION Shareholders have an interest—sometimes a duty—to ensure the long-term financial stability of a company. As global regulators grow their interest in employing transnational environmental, social, and governance (“ESG”) directives over companies, shareholder disputes become substantively […]

The Perils of Intra-Corporate Arbitration for ESG Disputes

Author: Sumit Kulkarni * Jurisdictions: International India Topics: Enforcement of Arbitral Awards National Legislation Procedure for Enforcement Introduction The increasing participation of Indian corporations in global trade has resulted in the rise of cross-border disputes between Indian and foreign entities being resolved through arbitrations conducted at neutral foreign venues. In a […]

To Do or Not To Do: The Financial Disclosure of ...

Author: Boma Briggs * Jurisdictions: International Topics: Diversity Choice of Forum/Place of Proceedings Proposals to Create an International Arbitration System Introduction: May I Have a Seat? Businesses across the globe have continued to show a preference for international commercial arbitration in resolving their cross-border disputes. It is estimated that over […]

A Case for Diversity in the Seat of Arbitration

Author: Aida Bektasheva * Jurisdictions: Central Asia International Topics: BITs Investment Disputes National Legislation INTRODUCTION Foreign direct investment (FDI) inflow into the Central Asia region (Uzbekistan, Kazakhstan, Tajikistan, Kyrgyzstan, and Turkmenistan) has significantly increased since the collapse of the Soviet Union. The region’s inward FDI stock totals $211 billion; in 2021, […]

ВITs in Central Asia: Opportunities and Risks

Author: Rana Sajjad*   The notice of arbitration has been filed with the “Independent and Neutral Arbitration Center” headquartered in the “City of Justice.” The governing law is “Most Modern Law,” and the seat of arbitration is “Pro-Arbitration Courts City.” The Claimant, “Dreams Do Come True,” a theme park located […]

Metaverse’s First Arbitration Proceeding

Author: Ramkrishna Veerendra* Jurisdictions: United States Mexico Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement   Citation: Corporación Mexicana de Mantenimiento Integral, S. de R.L. de C.V. v. Pemex Exploración y Producción, 832 F.3d 92 (2d Cir. 2016) The case Comissa v. PEMEX from the U.S. Court of Appeals, Second […]

Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...

Author: Kanishka Bhukya* Jurisdictions: India International Topics: Arbitrability Competition and Antitrust Commercial Disputes Introduction Several national courts have considered whether competition law issues can be settled through arbitration. Although the case law in the European Union (E.U.), the United States (U.S.), and the United Kingdom (U.K.) typically favors a favorable […]

Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication