Author: Kishan Gupta Jurisdiction: International Topics: International Institutions and Rules Powers of Arbitrators Practice and Procedure Time Limits INTRODUCTION In recent times, those involved in international commerce have been greatly dissatisfied with the lengthy delays involved in obtaining an arbitral award. Complaints about the overly-sophisticated procedures suffocated by a plenitude […]

The Perceived Tension Between Party Autonomy and Expedited Procedure Under ...

Author: Noah Sosnick Jurisdiction: International Topics: ICSID International Institutions and Rules ADR Investment Disputes Practice and Procedure Third Parties in Arbitral Proceedings On March 15, the International Centre for Settlement of Investment Disputes (ICSID) released its most recently updated proposals for amendment of the ICSID Rules.[1] According to ICSID, the […]

ICSID Rules Amendments: Two Major Proposed Reforms and Reactions from ...

Author: Saarthak Jain Jurisdiction: International Topics: Investment Disputes States as Parties Practice and Procedure Investor-state arbitrations have been generally viewed as a “one-way street”,[1] which provide foreign investors an international forum to address their grievances. The privileged position given to investors in this framework has created incentives for commercial actors […]

Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...

Author: Yarden Hodes Jurisdiction: China Topics: Choice of Forum/Place of Proceedings Investment Disputes Dispute Resolution and Litigation ADR China’s trillion-dollar infrastructure and development project, the One Belt One Road (OBOR) initiative, raises new and significant questions on the nature of international arbitration, and who controls specific dispute resolution issues.  The […]

Forum Shopping: The One Belt One Road Initiative

Author: Zhen Qin Jurisdiction: International Topics: Technology Confidentiality As a general matter, the use of technology in the legal industry is no longer out of the ordinary,[1] yet, recently, an emerging generation of technological tools are playing increasingly important roles in the legal profession.[2] In particular, the unique features of […]

The Use of New Technologies in International Arbitration

Author: Aaron J. Crowell Jurisdiction: United States Topics: Arbitrability Court Decisions Jurisdiction and Powers of the Courts in Matters of Arbitration Generally This January the Supreme Court decided Henry Schein v. Archer & White Sales, Inc.[1]Taking up an issue that’s over thirty years in the pen, Schein broadly addressed when […]

What did the 2018-2019 Supreme Court Term mean for the ...

Author: Kathleen Stanaro Jurisdiction: International Topics: Other Although tribunals have traditionally shied away from determining human rights issues,[1] there are many ways in which human rights concerns affect and may be affected by international arbitration. Where the terms of a contract dictate a broader jurisdiction, for example, “jurisdiction over all […]

The Evolving Role of Human Rights in International Arbitration

Author: Gabriel Anaya Jurisdiction: Europe Topics: ECT BITs On March 6, 2018, the Court of Justice of the European Union (CJEU) decided the landmark case of Slovak Republic v. Achmea BV. Achmea dealt with whether an intra-EU bilateral investment treaty (BIT) between the Netherlands and Slovak Republic could allow a […]

The Post-Achmea EU: Uncertainty in the Face of Change

Author: Alexander Ojugbeli Jurisdiction: International Russia Ukraine Topics: BITs Authority of the Arbitral Tribunal In May 2018, the Permanent Court of Arbitration (PCA) issued a monumental decision holding Russia accountable for expropriating assets held by Ukrainian investors in the Crimea.[1] In Everest Estate LLC v. The Russian Federation, the Tribunal […]

Crimea and the Challenge of Jurisdiction