About ARIA

Lorenzo C. Martinez IV is ARIA's Head Online Editor

Author: Sampurna Mukherjee* Jurisdiction: India International   Topics: Arbitration Clauses Arbitrators and Arbitral Tribunals Jurisdiction of Tribunals     I. INTRODUCTION There can be no doubt that today, the preference, adoption and practice of arbitration as an alternative to traditional litigation, has positively flourished in different jurisdictions across the world through […]

Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...

Author: Ahan Gadkari* Jurisdiction: India   Topics: Appointment of Arbitrators Arbitrators and Arbitral Tribunals Domestic Proceedings in Arbitration     Abstract Party autonomy has significant importance in any arbitration proceeding. One of the most important aspects of party autonomy is that the parties can select their own procedure for arbitration. Indian […]

Single-Party Arbitrator Nomination as a Ground of Annulment in India

Authors: Sakshi Srivastava* Jurisdictions: India Topics: Third-Party Funding Domestic Arbitration Law   Third Party Funding In India Third Party funding (hereinafter referred to as TPF) is essentially a new package for an old gift, i.e., Maintenance and Champerty. Champerty has been a conventional practice followed in Indian litigation wherein a […]

Third Party Funding In Arbitration In India

Authors: Christian Johannes Wahnschaffe* and Edward Rensmann** Jurisdictions: International European Union Topics: Investment Disputes Energy Charter Treaty (ECT) EU Law   There was turmoil amongst arbitration practitioners when the European Court of Justice (“ECJ”) rendered its Achmea decision in 2018.[1] There, the ECJ found the dispute settlement provisions in a […]

Lights Out for the Energy Charter Treaty? The ECJ’s Next ...

Author: Camila Maceda Simão* Jurisdictions: Brazil Topics: Securities Arbitration Arbitrability Contractual or Consensual Basis of Arbitration Recent corruption scandals and improper corporate practices involving Brazilian publicly-held companies[1] have caused a rise in securities arbitrations brought by minority shareholders against the companies and/or the controlling shareholders.[2] While said arbitrations are still […]

Overview of Securities Arbitration in Brazil: Challenges and Developments

Author: Ashish Virmani[1] Jurisdictions: United States International Topics: Evidence Arbitration Agreement Domestic Proceedings in Arbitration Interim Measures of Protection   Executive Summary Much of the debate before the courts in the United States pertaining to discovery and assistance under 28 U.S.C. § 1782 has been about whether “a foreign or […]

Using 28 U.S.C. § 1782 to Assist a Private International ...

Authors: Camila M. Simão* and Elora N. G. Farias**   The first temperature drops in November heralded the start of the long-awaited 2021 New York Arbitration Week, promoted by the New York International Arbitration Center (NYIAC) and the New York Branch of the Chartered Institute of Arbitrators (CIArbNY). From November […]

2021 New York Arbitration Week