clairesheridan

Author: Harshal Morwale* Jurisdiction: International Topics: ICC International Institutions and Rules Dispute Resolution and Litigation The ICC has recently published its new Rules, which are set to enter into force on 1 January 2021. The new Rules have various interesting amendments which purport to make the arbitral process more efficient.[1] […]

Dispute Resolution Clause in the ICC Rules 2021: An Innovative ...

November 20, 2020 in Blog by clairesheridan

Author: Aarohi Chaudhuri* Jurisdiction: International Topics: ICSID Investment Disputes Sources of Arbitration Law International Institutions and Rules Investor State Dispute Settlement (ISDS) has conventionally been a mechanism for investors to bring claims against states, for violating obligations under an international investment agreement (IIA). Importantly, these obligations bind only state signatories, […]

Systemic Integration: Resolving the Dichotomy of Competing Obligations in International ...

November 16, 2020 in Blog by clairesheridan

Author: Shalaka Patil* Jurisdiction: India Topics: Arbitrability The Supreme Court in its recent decision in Avitel Post Studioz Ltd. And Ors. v. HSBC Pl Holdings Mauritius Ltd.[1] put to rest some questions surrounding the controversy of whether fraud is arbitrable in India. The short answer to this question is – […]

Why So Serious? – The Avitel Case – India, Serious ...

November 12, 2020 in Blog by clairesheridan

Author: Utkarsh Khandelwal* Jurisdiction: India China Topics: Investment Disputes BITs Relief and Remedies in General INTRODUCTION Amidst the growing border tensions between India and China, the Indian government on 29 June 2020 took a drastic step in banning fifty-six Chinese apps citing security and data privacy reasons.[1] The ban made India susceptible […]

The Tik-Tok Ban in India: Remedies Under the ISDS Regime

November 9, 2020 in Blog by clairesheridan

Author: Rayan Bhattacharya* Jurisdiction: United Kingdom Topics: Applicable Law Law Applicable to the Merits INTRODUCTION The absence of an express choice of governing law in international arbitration agreements is not an unusual occurrence. However, the appropriate approach to be adopted to determine the implied choice of governing law has provoked […]

The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...

November 3, 2020 in Blog by clairesheridan

Author: Lorenzo Martinez* Jurisdiction: International Topics: Investment Disputes Defenses In investor-state disputes arising out of measures taken by states to address the COVID-19 pandemic, the parties will have to reckon with scientific uncertainty about the virus, such as how it spreads, its symptoms, and its lethality. This is because such […]

The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...

October 27, 2020 in Blog by clairesheridan

Authors: Naimeh Masumy* and Gaurav Rai** Jurisdiction: International Topics: Contents of the Arbitration Agreement Online Arbitration The COVID-19 pandemic continues to pose challenges to the arbitral process in an unprecedented manner. It has propelled the arbitration regime across the board in which virtual hearings have predominately replaced face-to-face hearings. As […]

Key Considerations in Drafting Dispute Resolution Clause in the COVID ...

October 23, 2020 in Blog by clairesheridan

Author: Esther Loh* Jurisdictions: New York United States Topics: Procedure and Grounds for Setting Aside Jurisdiction and Powers of the Courts in Matters of Arbitration Generally In September 2019, the Second Circuit in Weiss v. Sallie Mae[1] reversed the trial court’s decision to vacate an award, on the basis that […]

Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...

October 20, 2020 in Blog by clairesheridan

Author: Claire Hellweg* Jurisdiction: International Topics: Defences Prior to the current COVID-19 pandemic, recent trends have indicated that international tribunals are reluctant to accept claims of force majeure as a valid excuse for not performing contractual agreements, as evidenced by the small number of accepted claims.[1] In 2003, the International […]

COVID-19 and Force Majeure: How Will International Arbitral Tribunals Treat ...

October 15, 2020 in Blog by clairesheridan

Author: Rajarshi Singh* Jurisdiction: International Topics: Right to Decide on Jurisdiction Jurisdiction and Powers of the Courts in Matters of Arbitration Generally I. INTRODUCTION The principle of compétence-compétence, often termed as the foundational principle of international arbitration, ideates that the arbitral tribunal is vested with the power to rule on the […]

Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...

October 12, 2020 in Blog by clairesheridan

Authors: Yash More* and Ved Thakur** Jurisdiction: India Topics: Arbitral Process Interim Measures of Protection Arbitrability Choice of Forum/Place of Proceedings On 12th August 2020, the Calcutta High Court in Balasore Alloys Limited v. Medima LLC[1] (“Balasore Alloys“) ruled that Indian Courts have the power to grant anti-arbitration injunctions against foreign-seated arbitrations. […]

Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?

October 8, 2020 in Blog by clairesheridan

Author: Woohyung (Mark) Choe* Jurisdiction: South Korea Topics: International Institutions and Rules South Korea has one of the biggest economies in Asia. Its economy is the 12th largest in the world with active foreign capital transfers and trades.[1] As a small country—smaller than the state of Florida—with limited natural resources, […]

KCAB: The Rise of a New Arbitration Hub in East ...

October 5, 2020 in Blog by clairesheridan